Substantive Review of the Detention Warrant

The court must question the accused without delay when the investigative authorities request to issue the detention warrant for the arrested suspect. The court shall question the defendant by the following day when issuance of the warrant is requested. For the suspect who is not in custody of the police, the court shall summon and question him or her if there is probable cause that the court believes the suspect committed a crime. Examination of the suspect is presided over by a judge. The suspect and his/her defense attorney are granted the opportunity to fully state the opinion concerning the offense he/she is suspected of committing and the grounds for detention. Taking into account the result of examination as well as the records submitted by the investigative authorities, the judge decides on whether the grounds for detention exist and whether the circumstances justify the detention.