According to the legal community on the 10th, the 25th Criminal Division of the Seoul Central District Court will hold a hearing on the case requesting the cancellation of President Yoon's arrest at 10 a.m. on the 20th.
On the first preparatory hearing for President Yoon's trial, which was originally scheduled, they will be questioned about the need to lift the detention.
According to the Criminal Procedure Law, if there is no reason for detention or if the reason has disappeared, the court
The law stipulates that detention must be revoked at the request of the prosecutor, the defendant, or other parties. President Yoon's side said, "The detention period had already expired (at the time of indictment), and the investigation was carried out by an agency that does not have investigative powers.
On the 4th, he requested the court to revoke his detention, saying, "The charges based on this are illegal, so I have requested that the detention be revoked." The court will revoke the detention from the date it receives the request unless there are special circumstances.
The decision on whether to revoke the detention must be made within seven days. As a result, some have predicted that the decision on whether to revoke the detention will be made by the 11th, but the court will consider the necessity of doing so through the hearing date.
The prosecution had previously arrested and indicted President Yoon on the 26th of last month, but President Yoon's side claims that the arrest warrant deadline was midnight on the 25th.
Under the Criminal Procedure Law, the period from when the court receives investigative documents and evidence for the purpose of the review of the suitability of arrest or the substantive review of a warrant to when the court returns them to the prosecutor's office after the decision is made is counted as the period of detention.
The prosecution has calculated the deduction period in days, as is customary, but President Yoon's side claims that it should be calculated in hours and that the judgment should be made as conservatively as possible.
President Yoon, along with former Minister of National Defense Kim Yong-hyun, conspired to deceive the nation into a state of emergency even though there were no signs of war, conflict, or a similar national emergency.
Despite this, he is accused of inciting riots with the intent to disrupt the national constitution, including declaring an unconstitutional and illegal state of emergency.
2025/02/10 20:47 KST
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