Published: June 2, 2019
Source: www.businessmirror.com.ph
KOREAN pop star Seungri has consistently maintained his innocence throughout the investigation for his alleged wrongdoings, and his pre-trial detention hearing was no different.
He had been investigated for more than three months and questioned 18 times within the said period. However, the South Korean police have not brought any formal charges against him and pushed for detention.
Recently, authorities have decided to hand-over the case to the prosecution and asked for a pre-trial detention warrant, or Arrest Warrant (AW). South Korean prosecutors, citing concerns about destruction of evidence, requested the court to approve an order for an AW for Seungri.
Even as the prosecution moved forward, it was apparent from the investigator’s official statements that it would be hard to know if their request would meet the courts’ exacting standards. There was no guarantee that the arrest warrant would be granted.
Sr. Prosecutor Shin Eung-seok of the Seoul Central District Prosecutor’s office identified three charges that could be leveled against Seungri. Based upon the request for the AW, three alleged crimes and criminal codes could be confirmed: 1. Prostitution mediation (SK Criminal Code Article 242 – Arranging for Prostitution); 2. Embezzlement of corporate funds (SK Criminal Code Article 356 – Occupational Embezzlement and Breach of Trust, and Article 3 – Aggravated Punishment for Specific Property Crime, On The Aggravated Punishment, Etc. of Specific Economic Crimes); and 3. Food Sanitation Act (SK Criminal Code Article 21 – Enforcement Decree of Food Sanitation Law). Wrongfully registering a business is a violation.
The pre-trial AW, or detention warrant, is simply a judicial authorization that allows the lengthy detention of the suspect. In South Korea, police can detain a suspect for questioning for 48 hours without an arrest.
For a longer period than 48 hours, investigators must secure an AW. However, the police cannot apply for the request on their own. They must pass on the case to the prosecution, who decides if detaining the suspect for more than 48 hours is merited, and make the formal request of a detention warrant from a court. A presiding judge, based on the recommendations and evidence, decides whether to grant an AW to hold the suspect in detention while the investigation continues.
pccto. Business Mirror
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