The Sangju Police Station in North Gyeongsang Province has sparked controversy by announcing that it could restrict legal counsel participation during suspect interrogations for certain types of crimes. In response, the Seoul Bar Association has raised strong objections. Following this, the National Police Agency's National Investigation Headquarters conducted a nationwide survey of police stations.
On September 13, the Seoul Bar Association stated that it formally requested action regarding the Sangju Police Station's notice, which specified that participation by legal counsel would be limited for cases involving violations of the National Security Law, organized crime, drug offenses, and terrorism.
The Sangju Police Station cited concerns that legal counsel could assist in evidence destruction or escape, significantly impacting investigations as reasons for the restrictions.
However, Article 12, Section 4 of the Constitution guarantees the right to legal counsel immediately upon arrest or detention. Additionally, Article 243-2 of the Criminal Procedure Act ensures that legal counsel's participation in interrogations is protected unless there are legitimate reasons to deny it.
According to police investigation regulations, legal counsel cannot be uniformly restricted based on specific crime types unless there are clear exceptions such as the disclosure of investigation secrets or obstruction of interrogation. The notice appears to have left unchanged the guidelines established when the legal counsel participation system was first introduced in 1999.
After the Seoul Bar Association raised its concerns, the National Investigation Headquarters conducted a nationwide survey of 261 police stations, excluding Sangju Police Station. The investigation revealed that no other police stations had posted similar notices. The Sangju Police Station has since removed the notice and plans to issue a new one that guarantees the right to legal counsel.
The Seoul Bar Association views the issue as significant, noting that the National Investigation Headquarters' nationwide survey and the corrective actions taken by the Sangju Police Station followed their objections. Chairman Cho Soon-yeol plans to visit the Sangju Police Station on the 16th to verify compliance with the corrective measures and discuss ways to ensure the effective protection of the right to legal counsel.
Chairman Cho stated, "The right to legal counsel is a fundamental right guaranteed by the Constitution and should not be undermined in any form during investigations. The Seoul Bar Association will continue to actively respond to ensure that the right to legal counsel is effectively protected."
* This article has been translated by AI.
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