From Early Investigation Support by Lawyers... Ministry of Justice Introduces Criminal Public Defender System

[Asia Economy Reporter Baek Kyunghwan] The 'Criminal Public Defender System,' which allows socially and economically vulnerable suspects facing criminal charges to receive assistance from public defenders from the early stages of investigation, will be introduced within this year.

On the 26th, the Ministry of Justice announced that it is reviewing the introduction of the Criminal Public Defender System based on this concept.

Until now, suspects could only be appointed public defenders during pre-trial detention hearings or when requesting a review of arrest or detention. However, once the Criminal Public Defender System is introduced, public defenders will provide legal assistance from the moment suspects are summoned by investigative agencies until the conclusion of the investigation. Activities such as suspect consultations, participation in interrogation procedures, and submission of defense opinions will be representative examples, effectively expanding the public defender system from the trial stage to the investigation stage.

The Criminal Public Defender System is also a national agenda of the current government. The Ministry of Justice has been promoting the introduction of this system since 2017 and submitted amendments to the 'Criminal Procedure Act' and the 'Legal Aid Act' to the National Assembly in November 2019, which included establishing the 'Suspect Public Defender Operation Committee' under the Korea Legal Aid Corporation affiliated with the Ministry of Justice.

Criminal public defenders will be appointed for suspects who are ▲ socially vulnerable such as minors, elderly persons aged 70 or older, the deaf, and persons with intellectual disabilities ▲ economically vulnerable such as basic livelihood security recipients and lower-income classes, when they are summoned by investigative agencies on charges punishable by imprisonment of three years or more. Even suspects who do not fall under these categories may be appointed public defenders after a review process if they are judged to lack sufficient economic resources according to legal requirements.

A Ministry of Justice official stated, "With the introduction of this system, monitoring of compliance with due process will be strengthened, preventing human rights violations during investigations and guaranteeing the right to receive assistance from a defender." He added, "It is especially expected to contribute to the protection of suspects' human rights during the investigation stage."

This content was produced with the assistance of AI translation services.