Korea, Republic of

Constitution of the Republic of Korea

CHAPTER Ⅱ Rights and Duties of the Citizen

Article 12 [Personal Liberty, Personal Integrity
(1) All citizens enjoy personal liberty. No person maybe arrested, detained, searched, seized, or interrogated except as provided by law. No person may be unished, placed under preventive restrictions, or subject to involuntary labor except as provided by law and through lawful procedures.
(2) No citizens may be tortured or be compelled to testify against himself in criminal cases.
(3) Warrants issued by a judge through due procedures upon the request of a prosecutor have to be presented in case of arrest, detention, seizure, or search: Provided, that in a case where a criminal suspect is a apprehended in flagrante delicto, or where there is danger that a person suspected of committing a crime punishable by imprisonment of three years or more may escape or destroy evidence, investigative authorities may request an ex post facto warrant.
(4) Any person who is arrested or detained has the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, he State assigns counsel for the defendant as prescribed by law.
(5) No person may be rrested or detained without being informed of the reason therefore and of his right to assistance of counsel. The family and other related persons, as designated by law, of person arrested or detained shall be notified without delay of the reason for and the ime and place of the arrest or detention.
(6) Any person who is arrested or detained, has the right to request the court to review the legality of the arrest or detention.
(7) In a case where a nfession is deemed to have beenmade against a defendant's will due to torture, violence, intimidation, unduly prolonged arrest, deceit or similar action, or in a case where a confession is the only evidence against a defendant in a formal trial, such a confession may not be admitted as evidence of guilt, nor may a defendant be punished by reason of such a confession.

Keywords

Fair trial standards



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