[Legal Spotlight]⑭ Police Investigation: A Prepared Statement Changes the Direction of a Case

Cross-check evidence and statements in advance…Review investigation response through a mock interrogation
"Answer based on confirmed facts rather than speculation"

In a criminal case, what statement a suspect gives during a police investigation can affect the subsequent direction of the investigation and the response. In particular, as the police-centered investigation system is strengthened, the importance of the initial response—such as cross-checking one's own memory against objective evidence and organizing the facts before the investigation—is growing.

Attorney Lee Taeseung of Daeryun Law Firm said on the 1st, "Responding to a criminal case begins not after entering the courtroom but before the police investigation," and, "The process of meticulously cross-checking objective materials against one's own memory and organizing the facts before the investigation is important."

Article 244 of the 'Criminal Procedure Act' provides that the suspect's statement is recorded in the suspect interrogation protocol, and that after the suspect reads it or has it read to them, they may request additions, deletions, or changes regarding parts that differ from the facts. Accordingly, it is necessary not only to carefully check the protocol's content during the investigation but also to sufficiently organize one's statement even before the investigation.

In particular, in cases where the situation at the time is a key issue—such as quasi-rape—one must specifically examine the degree of intoxication, the other party's condition, and the route and time of movement. If objective materials such as CCTV, card payment records, and communication records have been secured, one must also check whether they match one's memory.

Attorney Lee explained, "As time passes, it can be difficult to remember all of the circumstances at the time accurately," and, "It is necessary to distinguish the parts you remember clearly, the parts confirmed by objective materials, and the parts you do not remember precisely."

One must be especially careful about answering, based on speculation, parts that one does not remember. This is because, if a discrepancy later arises with the existing statement when new materials such as CCTV or payment records are confirmed, it can lead to a situation where one must explain the credibility of the statement.

Conducting a mock suspect interrogation before the investigation is also a method. By anticipating questions that could come up in the actual investigation and explaining the circumstances at the time, one can distinguish the parts one remembers precisely from the unclear parts.

Attorney Lee said, "A mock interrogation is not a process of crafting answers favorable or unfavorable to the investigative authorities," and, "Its purpose is to prevent one from answering by speculating about parts one does not remember, and to check whether the objective evidence and the statement match."

Securing evidence is also an indispensable part of the initial response. If there are materials that may be deleted after a certain period—such as CCTV of a place visited at the time of the incident—rather than waiting for the investigative authorities to secure them, one needs to first check whether preservation is possible. The secured materials can be organized by time and place and used to objectively reconstruct the circumstances at the time.

With the amended 'Criminal Procedure Act' set to take effect next month, the role of police investigation is expected to become even more important. Accordingly, Attorney Lee explained that in criminal cases as well, the initial response of reviewing the facts and evidence from the police investigation stage is important.

Attorney Lee emphasized, "In the end, what is important in a police investigation is not speaking well but accurately conveying confirmed facts," and, "Before entering the interrogation room, you need to sufficiently cross-check the evidence and your memory, and prepare by distinguishing the uncertain parts as uncertain."

Reporter Jeong Yejin yejin0311@inews24.com

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[Legal Spotlight]⑭ Police Investigation: A Prepared Statement Changes the Direction of a Case (Go)