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TITLE Supreme Court Order 2015Mo1032 Dated June 14, 2016【Re-appeal against Decision on Issuance of Detention Warrant】 [full Text]
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
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