🚨 Detention Period Expiration: Human Rights Protection and Criminal Justice

Today Korean Social News | 2025.06.15

📌 Key Defendants in Treason Case Expected to Be Released as Detention Periods Expire

💬 Former Defense Minister Kim Yong-hyun, who was detained on treason charges, is scheduled to be released on June 27th when his detention period expires. Following him, former Counterintelligence Commander Yeo In-hyung, former Capital Defense Commander Lee Jin-woo, and others are also expected to be released one by one. Prosecutors are trying to prevent evidence destruction and trial delays through bail conditions. Whether they will be detained again depends on the judgment of the upcoming special prosecutor for treason cases. This situation shows that the detention period system is working as a human rights protection mechanism to prevent excessive physical detention.

Summary

• Detention period expiration is a system that requires the release of detained suspects or defendants within the legal time limit.
• Based on the presumption of innocence, it limits detention periods to prevent excessive physical restraint.
• Investigation and trial continuity can be ensured through period extensions or re-detention.

1️⃣ Definition

Detention period expiration means a system in criminal procedure law that requires the mandatory release of detained suspects or defendants when the legal period ends. Simply put, no matter how serious the criminal charges, detention must be lifted after a certain period.

This is an important human rights protection mechanism to prevent excessive restriction of physical freedom for people whose guilt has not yet been confirmed, based on the 'presumption of innocence'.

💡 Why is it important?

• Protects the basic rights of suspects and defendants by implementing the presumption of innocence.
• Prevents human rights violations due to excessive physical detention.
• Pressures investigation agencies and courts to handle cases quickly and efficiently.
• Acts as a systematic safety device to prevent abuse of detention.

2️⃣ Types of Detention Periods and Extension Procedures

📕 Detention Period During Investigation

• Suspect detention periods are limited during investigation. Key periods are as follows:

  • The basic detention period is 20 days from the date of detention.
  • When there are unavoidable circumstances, it can be extended for 10 days with court permission.
  • Therefore, the maximum detention period during investigation is 30 days.
  • If charges are not filed within 30 days, the person must be released.
  • Investigation can continue after release, and charges can be filed while not in detention.

• Detention periods may differ in special cases. Exceptional cases are as follows:

  • If someone escapes before detention warrant execution, the detention period is calculated anew from the arrest date.
  • When psychiatric evaluation is needed, the detention period is suspended during the evaluation period.
  • Even when there are many accomplices or the case is complex, the same period basically applies.
  • Even for treason, foreign exchange crimes, or National Security Law cases, the detention period is the same.

📕 Detention Period During Trial

• Longer detention is possible during the trial stage. Key periods are as follows:

  • The basic detention period is 2 months from the indictment date.
  • When there are unavoidable circumstances, it can be extended by 1 month at a time by court decision.
  • There is no legal limit on the number of extensions, but 3-4 times is typical in practice.
  • In principle, release should occur after the first trial verdict.
  • However, detention can continue in appeals court when there are serious concerns about flight or evidence destruction.

• Detention extension must meet strict requirements. Extension requirements are as follows:

  • There must be unavoidable circumstances in the progress of investigation or trial.
  • Extension is difficult based solely on case complexity.
  • Concerns about the defendant's flight or evidence destruction must still exist.
  • Defendants can object to extension decisions.
  • Courts must specifically state the reasons for extension.

Major Issues Related to Detention Period Expiration

1. Investigation Delays: When sufficient investigation cannot be completed within the detention period
2. Evidence Destruction Concerns: Worries about evidence destruction or flight after release
3. Re-detention Abuse: Appropriateness of immediate re-detention after release
4. Victim Protection: Anxiety of victims and families in serious crimes
5. Public Opinion vs. Legal Principles: Gap between legal principles and public opinion in high-profile cases

3️⃣ Post-Release Procedures and Response Measures

✅ Types and Conditions of Release

• There are several forms of release due to detention period expiration. Main forms are as follows:

  • Simple release: Complete release without special conditions.
  • Conditional release: Imposing conditions like attendance obligations and residence restrictions.
  • Bail approval: Release after paying bail and accepting certain obligations.
  • Bail amounts range from hundreds of thousands to billions of won depending on the case nature and defendant's financial capacity.

• Various obligations and restrictions may follow even after release. Main contents are as follows:

  • Trial attendance obligation: Must attend on dates set by the court.
  • Residence restrictions: Must get court permission when moving residence or traveling.
  • Contact prohibition: Contact with witnesses or victims may be prohibited.
  • Travel ban: Must submit passport to court and be prohibited from leaving the country.
  • Violation of these conditions can result in re-detention.

✅ Re-detention and Investigation Continuity

• Re-detention is possible even after release. Re-detention requirements are as follows:

  • Separate detention is possible when new criminal charges are discovered.
  • Re-detention is possible even for existing cases if new evidence is found.
  • Re-detention is possible for flight or evidence destruction.
  • Re-detention also occurs for bail condition violations.
  • However, re-detention simply to continue investigation on the same charges is generally impossible.

• Re-detention by special prosecutors or new investigation agencies is also possible. Recent trends are as follows:

  • When the treason special prosecutor is launched, existing cases can be taken over and investigated from a new perspective.
  • Special prosecutors can re-detain suspects when necessary, but must be careful about identical charges.
  • Basic human rights protection principles apply equally even when investigation authority is transferred.
  • Re-detention should only occur based on investigation necessity, not political purposes.

4️⃣ Related Terms

🔎 Detention

• Detention is a compulsory measure that restricts the physical freedom of suspects or defendants.
• Detention means a compulsory measure that imprisons suspects or indicted defendants in detention centers or prisons, depriving them of physical freedom. This is done to prevent flight or evidence destruction and to facilitate smooth investigation and trial proceedings.
• Key requirements for detention include: First, there must be a detention warrant. Detention is impossible without a warrant issued by a court. Second, there must be reasons for detention. Concerns about flight, evidence destruction, or risk of repeat offenses must be recognized. Third, there must be necessity for detention. It should be difficult to achieve investigation or trial purposes through other methods.
• Detention is a very powerful compulsory measure and should not be abused. According to the presumption of innocence, since it restricts the freedom of people whose guilt has not yet been confirmed, it should only be done when absolutely necessary and for the minimum period. The detention period expiration system is an important safety device to prevent such abuse of detention.

🔎 Bail

• Bail is a system to be released from detention by paying a security deposit.
• Bail means a system where detained defendants pay a certain security deposit and promise to keep obligations like trial attendance to be released. This is a system to reduce defendants' suffering from detention while ensuring smooth trial proceedings.
• Key characteristics of bail include: First, security deposit payment is required. The amount is determined by the court considering the defendant's financial capacity, case nature, and flight possibility. Second, various obligations are imposed. Conditions like trial attendance, residence restrictions, and contact prohibition must be kept. Third, re-detention occurs for condition violations. Bail is canceled and re-detention occurs for breaking promises or fleeing.
• Bail is not a right but a privilege at the court's discretion. Bail may not be granted for serious crimes or when flight/evidence destruction concerns are high. Also, defendants without economic capacity to pay bail have difficulty receiving bail benefits, raising equity issues.

🔎 Warrant

• A warrant is a legal order issued by a court for compulsory investigation.
• A warrant means a legal order document issued by a court when investigation agencies conduct compulsory investigations like arresting/detaining suspects or conducting searches and seizures. The warrant principle is an important principle to prevent arbitrary compulsory investigations by investigation agencies and protect citizens' basic rights.
• Main types of warrants include: First, arrest warrants needed when arresting suspects. Second, detention warrants needed when detaining suspects or defendants. Third, search and seizure warrants needed when seizing evidence or searching related locations. Fourth, communication restriction warrants needed for phone tapping or collecting communication records.
• Strict requirements are needed for warrant issuance. There must be criminal suspicion, necessity and reasonableness of compulsory investigation must be recognized, and it should be difficult to achieve investigation purposes through other methods. Courts strictly examine these requirements to decide whether to issue warrants, thereby preventing abuse of authority by investigation agencies and protecting citizens' human rights.

5️⃣ Frequently Asked Questions (FAQ)

Q: Are people automatically released when detention periods expire?

A: Yes, legally they must be released when detention periods expire. This is a mandatory law with no exceptions. However, there may be differences in release methods. There are forms like simple release, bail release, and conditional release, and courts can impose appropriate conditions considering the case nature and defendant's situation. The important point is that no matter how serious the criminal charges, release must occur when the detention period expires. This is based on the presumption of innocence and due process principles, which are basic human rights protection mechanisms guaranteed by our Constitution and Criminal Procedure Law. Investigation or trial can continue after release, and re-detention is possible when necessary, but this is a separate procedure that must meet new requirements.

Q: Can someone be re-detained immediately after detention period expiration?

A: In principle, immediate re-detention is difficult for the same charges. New reasons are needed for re-detention. Specifically, re-detention is possible only when new criminal charges are discovered, new important evidence appears in existing cases, or flight or evidence destruction occurs after release. Re-detention is not possible simply to continue investigation or maintain detention status. However, when investigation authority is transferred to another agency (e.g., special prosecutor launch), re-detention is possible as cases can be re-evaluated from a new perspective. But even in this case, basic detention requirements like flight or evidence destruction concerns and risk of repeat offenses must be newly recognized. Courts carefully consider the continuity with previous detention periods and the need for human rights protection when examining re-detention applications.