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TITLE | Supreme Court Order 2015Mo1032 Dated June 14, 2016¡¼Re-appeal against Decision on Issuance of Detention Warrant¡½ [full Text] |
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Summary | |
Where a court issued a warrant to detain a criminal defendant without following the relevant procedure in accordance with Article 72 of the Criminal Procedure Act, whether the court¡¯s decision to issue the warrant is unlawful (affirmative) In case where a procedural right under the aforementioned Article 72 is substantively guaranteed, whether the mere fact that a court decided to issue a detention warrant without entirely or partially adhering to the relevant procedure is deemed unlawful (negative), and whether in such case, issuing a detention warrant is lawful, despite gaps in the pre-hearing procedure |