Insurrection Trial Former PM Han Deok-su's Detention Period in Appeals Court Expiring Soon…Possibility of Shift to Non-Detention Trial Sparks Legal Debate
![[Seoul=Newsis] Reporter Choi Jin-seok = Former Prime Minister Han Deok-su, who was indicted on charges including conducting important insurrection activities related to the Dec. 3 emergency martial law incident, is seen on a news broadcast in the main hall of Seoul Station on the 7th after being sentenced to 15 years imprisonment in the second trial. On this day, the Seoul High Court's dedicated insurrection division (Presiding Judge Lee Seung-chul, Jo Jin-gu, and Kim Min-ah) sentenced Han in the appellate trial on charges of conducting important insurrection activities and abetting insurrection.](https://www.suwonilbo.kr/img/write/pe2f86e701f0217869fdebcb9ae6beea663d2c941.jpg)
As the expiration of the detention period in the appeals court (Nov. 20) for former Prime Minister Han Deok-su, who is on trial for charges of conducting important insurrection activities, approaches, legal circles are focusing attention on whether a verdict will be delivered within the deadline and the possibility of continuing the trial after his release.
According to legal circles on the 10th, the Supreme Court en banc plans to hold a second hearing session on Nov. 19, one day before the expiration of Han's detention, and continue the proceedings. Should the Supreme Court fail to deliver a final verdict before the detention expiration date, Han will face the remaining trial in a non-detained status in accordance with the Criminal Procedure Act.
Previously, Han was sentenced to 23 years imprisonment in the first trial and 15 years imprisonment in the second trial, both heavy sentences. In August, the Supreme Court referred the case to the en banc in consideration of its constitutional and legal significance. Under the current Criminal Procedure Act, the maximum detention period in an appeals court is limited to 6 months (up to 2 extensions of 2 months each), so Nov. 20 is the deadline.
Positions Sharply Divided Over Trial Proceedings
The special counsel team takes the position that since there is a risk of delays in sentence execution or flight if a key defendant sentenced to a heavy term is released, sentencing should be rendered within the detention period. If necessary, the team does not rule out the possibility of issuing additional arrest warrants for separate charges.
On the other hand, the defense side and some observers argue that given the severity of the insurrection charges' elements and legal issues at stake, thorough and careful legal review should take priority over being pressed by the detention expiration date. It is noted that proceeding with trial in a non-detained status when the detention period expires accords with the principles of the Criminal Procedure Act.
Social attention is focused on whether the Supreme Court will reach a final conclusion before the detention expiration date or proceed with hearings after a shift to non-detention status.
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