Can an arrest warrant be requested for a sitting president?

입력 2024.12.16 (23:56)

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[Anchor]

If President Yoon continues to refuse the summons, there is a possibility that the investigative agency will request an arrest warrant.

Although his duties have been suspended, whether an arrest warrant can be requested and issued for President Yoon, who still holds the presidential status, will be explained by legal expert Baek In-seong.

[Report]

The prosecution has specified the charge of insurrection leader in its summons for President Yoon.

While the president has immunity from criminal prosecution during his term, Article 84 of the Constitution states that insurrection is an exception, making it possible to request an arrest warrant, which is the prevailing opinion.

[Oh Ji-eun/Lawyer: "In the case of insurrection, it is considered a crime that can be investigated even with the status of president. Therefore, it seems that requesting an arrest warrant as part of the investigation is a possible situation."]

Arrest warrants are issued when there is a high possibility of evidence destruction or flight, and considering the situation of being banned from leaving the country and the status of the president, concerns about evidence destruction are expected to be the main issue rather than flight risk.

It is also a variable whether President Yoon, who does not acknowledge the charges of insurrection, will continue to ignore the investigative agency's summons.

The prosecution had notified him for the first time on last Wednesday (12.11) to appear by Sunday morning (12.15), but it is reported that President Yoon did not respond to the summons due to reasons such as not having appointed a lawyer.

[Lee Chang-hyun/Professor at Hankuk University of Foreign Studies Law School: "Since the defense attorneys are guaranteed participation rights when questioning the suspect, the court requires at least two instances of non-appearance without reason for an arrest warrant to be issued."]

If non-appearance without valid reasons is repeated, the possibility of issuing an arrest warrant may increase.

How President Yoon's side responds to the prosecution's second summons notification is expected to be a turning point in determining whether to request an arrest warrant.

This is KBS News, Baek In-seong.

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  • Can an arrest warrant be requested for a sitting president?
    • 입력 2024-12-16 23:56:33
    News 9
[Anchor]

If President Yoon continues to refuse the summons, there is a possibility that the investigative agency will request an arrest warrant.

Although his duties have been suspended, whether an arrest warrant can be requested and issued for President Yoon, who still holds the presidential status, will be explained by legal expert Baek In-seong.

[Report]

The prosecution has specified the charge of insurrection leader in its summons for President Yoon.

While the president has immunity from criminal prosecution during his term, Article 84 of the Constitution states that insurrection is an exception, making it possible to request an arrest warrant, which is the prevailing opinion.

[Oh Ji-eun/Lawyer: "In the case of insurrection, it is considered a crime that can be investigated even with the status of president. Therefore, it seems that requesting an arrest warrant as part of the investigation is a possible situation."]

Arrest warrants are issued when there is a high possibility of evidence destruction or flight, and considering the situation of being banned from leaving the country and the status of the president, concerns about evidence destruction are expected to be the main issue rather than flight risk.

It is also a variable whether President Yoon, who does not acknowledge the charges of insurrection, will continue to ignore the investigative agency's summons.

The prosecution had notified him for the first time on last Wednesday (12.11) to appear by Sunday morning (12.15), but it is reported that President Yoon did not respond to the summons due to reasons such as not having appointed a lawyer.

[Lee Chang-hyun/Professor at Hankuk University of Foreign Studies Law School: "Since the defense attorneys are guaranteed participation rights when questioning the suspect, the court requires at least two instances of non-appearance without reason for an arrest warrant to be issued."]

If non-appearance without valid reasons is repeated, the possibility of issuing an arrest warrant may increase.

How President Yoon's side responds to the prosecution's second summons notification is expected to be a turning point in determining whether to request an arrest warrant.

This is KBS News, Baek In-seong.

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