
Legal Q&A
Q
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I recently received contact from an investigative authority regarding a criminal case and am about to undergo an investigation. However, a few days ago I heard something about an arrest warrant, so I am quite anxious. I am curious about what grounds serve as important criteria when a court dismisses an arrest warrant.
dismissal of an arrest warrant
Answer
Published:
Author : DongIl PARK
The dismissal of an arrest warrant is a decision in which the court does not permit the issuance of a warrant because it finds that the necessity of arresting the suspect has not been sufficiently established, that is, because it considers the risk of flight or destruction of evidence to be low.
When the suspect shows an intention to sincerely comply with the investigative authority's request to appear or actually cooperates with the investigation schedule, a risk of flight is difficult to recognize.
In addition, an arrest warrant may be dismissed when it is not clearly proven that the suspect failed to comply despite a proper summons, or when the investigative authority asserts the necessity of arrest immediately without having gone through a sufficient summons procedure.
When an arrest warrant is dismissed in this way, the suspect is in principle investigated without detention, and the investigative authority responds by continuing the investigation through additional summonses or by re requesting a warrant after supplementary investigation.
However, the decision to dismiss an arrest warrant itself is not subject to appeal by the prosecutor, so the response at the subsequent investigation stage becomes even more important in practice.
Therefore, because whether an arrest warrant is issued is determined not by a formal judgment but by comprehensively considering specific circumstances, such as the suspect's attitude toward appearing and the progress of the investigation, it is important to set the direction of the response carefully from the early stage.
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DongIl PARK
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