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Supreme Court Mulls over Conditional Release System

Written: 2021-09-23 15:33:12Updated: 2021-09-23 15:36:06

Supreme Court Mulls over Conditional Release System

Photo : YONHAP News

The Supreme Court is aiming to introduce a conditional release system during the arrest warrant process, resulting in rising speculations whether the nation’s arrest system will be revamped for the first time in 67 years.

According to legal circles on Wednesday, the Supreme Court’s judicial administration advisory council has been holding discussions on introducing the system since March. 

If the Supreme Court decides to introduce a conditional release system, legal steps will be taken to revise the Criminal Procedure Code which was enacted in 1954. 

Under the envisioned system, as courts issue arrest warrants, a suspect would be released on certain conditions, including putting down deposits, being subject to restraining orders, or wearing electronic anklets. 

If the system is put in place, detaining a suspect can be replaced with these conditions after a court issues an arrest warrant, thus enabling courts to follow the principle of presumption of innocence and of investigating a suspect without physical detention. 

Currently, courts can only choose whether or not to issue arrest warrants when receiving requests from the prosecution. Most of the time, courts issue arrest warrants when it’s difficult to assess whether the suspect or suspects are a flight risk.

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