The decision to cancel President Yoon Suk-yeol's detention sparked controversy over the 'method of calculating the detention period.' The prosecution has been calculating the detention period based on 'days,' but the court applied a new calculation method, stating it should be based on 'hours.' If the court establishes the 'hour' standard in the future, it could lead to significant changes in criminal judicial procedures.
◇"Applying the day standard extends the detention period…disadvantageous for the accused"
The fundamental principle of criminal justice is to "ensure the benefit of the doubt for the accused (in dubio pro reo)." Director General Ji Kwi-yeon of the Seoul Central District Court analyzed that the decision to calculate the detention period based on 'hours' instead of 'days' in the case of President Yoon's detention cancellation is consistent with this principle.
While applying for the cancellation of his detention, President Yoon encountered an issue regarding the time taken for the documents to travel from the court back to the prosecution. This totaled 33 hours and 7 minutes from 5:46 p.m. on Jan. 17 to 2:53 a.m. on Jan. 19. According to the prosecution's past practice of using the 'day' standard, the detention period would be extended by 3 days. In contrast, under the 'hour' standard, the detention period is increased by only 33 hours and 7 minutes. This effectively reduces the detention period by nearly two days. One lawyer noted, "From the perspective of the accused, they would want to reduce the detention period by even a minute or a second, so they would likely prefer the 'hour' standard over the 'day' standard."
Director General Ji Kwi-yeon also mentioned that the 'hour' standard could also benefit the prosecution. If the detention period is calculated based on the time the documents travel to the court and back to the prosecution for an actual review of the arrest warrant, then it could actually extend the period during which the prosecution can investigate the suspect while they are in custody. For instance, if examination documents for the detention are submitted at 2 p.m. on July 1 and returned at 1 p.m. the next day (July 2), applying the 'day' standard would mean 2 days of detention have passed, but according to the 'hour' standard, only 23 hours would have elapsed.
◇"The method of calculating based on hours is not an established precedent"
The method of calculating the detention period based on hours is not yet an established precedent in the courts. Chief Justice Cheon Dae-yeop noted on the 12th, "There is no established case law regarding the calculation of detention periods," adding that it remains uncertain whether this decision by Director General Ji Kwi-yeon (applying the hour standard to President Yoon) will be upheld in a higher court. However, Chief Justice Cheon emphasized, "Court decisions should be respected until reversed by a higher court."
In response, the Supreme Public Prosecutors' Office directed on the 11th that the detention period should be calculated in 'days' rather than 'hours,' adhering to existing practices. They instructed, "Until a final ruling is made by the Supreme Court or similar bodies, each agency should calculate detention periods as they have in the past." However, they also advised that any matters that may be controversial regarding the calculation of detention periods should be discussed in advance with the criminal policy division of the Supreme Public Prosecutors' Office.
In comments on this, a lawyer with a background in the prosecution stated, "Neither the Supreme Court nor the Supreme Public Prosecutors' Office have presented a definitive standard," noting that in practical terms, whether the day or hour standard is applied, there will likely be efforts to implement a calculation method that reduces the detention period and minimizes the risk burden.
◇ Inquiries from the field: "Can I also be released due to cancellation of detention?"
Lawyers specializing in criminal cases report receiving inquiries from detained suspects asking, "Can I also apply for a cancellation of detention and be released if the hour standard calculation method is applied?" One lawyer replied that the decision to cancel President Yoon's detention based on the hour standard is an exceptionally rare case, making it difficult to use as a precedent.
A judge working in Seoul stated, "If the standard for calculating the detention period changes to 'hours,' then the court will need to precisely examine the time for each case to determine the detention period. This could lead to favorable outcomes for the accused, creating burdens for the prosecution."