Successful Criminal Cases for Foreigners

September 5, 2023 § Leave a comment


Introduction

Hello, this is Anse Law Firm. We have several foreign lawyers who specialize in foreign criminal cases.

In foreign criminal cases, foreigners who are suspects or accused are often unable to respond appropriately to various criminal proceedings due to communication problems. They also complain of psychological anxiety after being arrested, detained, or having their cell phones confiscated in a foreign country.

Due to these communication and response difficulties in foreign criminal cases, the skill of a lawyer is very important, especially in handling the case. In this article, we will introduce the actual criminal cases of foreigners that we have handled at Ansae, and provide effective responses in foreign criminal cases.

Alien Criminal Case Wins

In this case, an Australian suspect, C, was charged with rape at Hotel A in Jung-gu, Seoul, where he forcibly inserted his penis into the victim’s genitals and raped her after suppressing her resistance. While raping the victim, he filmed the rape with the suspect’s cell phone, and after the rape was over, he filmed the victim sitting on the bed in a naked state again, violating the Act on the Punishment of Sexual Offenses (filming with a camera, etc.).

In general, it is not easy to secure objective evidence to prove that sexual intercourse was mutually consensual in a sexual crime case. Therefore, the conversation history of KakaoTalk, texts, and phone calls between the victim and the suspect before and after the incident become important materials. In this case, the KakaoTalk and phone call history of the incident played a crucial role in proving the innocence of the accused.

In a criminal case, if the evidence is in English, you must attach a translation of the evidence.

The power of law firms that customize for foreigners

The problem was that all of the KakaoTalk and phone calls were in English, and the volume was enormous, as the client had been talking to KakaoTalk every day since the incident. While it is common for other firms to rely on external translators in such cases, our firm believed that each and every conversation could be crucial in proving innocence, so our foreign lawyers and Korean lawyers collaborated to manually translate and review them to collect evidence.

In addition, we kept in close contact with Mr. C and requested petitions from his Australian friends to support his claim of innocence. The petitions from his Australian friends were also translated by our lawyers and submitted to the prosecution as evidence.

With this evidence and the persuasion of the suspect, the victim told the truth and the suspect was cleared at the prosecution stage.

Conclusion

Unlike ordinary criminal cases, foreign criminal cases have many additional factors that need to be reviewed, such as the SOFA. In addition, many court records are written in a foreign language, and other procedures such as translation and apostille must be considered in addition to the law.

In our 20 years of experience, we have handled many foreign criminal cases through the collaboration of foreign and Korean lawyers. We promise to provide specialized and customized defense in foreign criminal cases based on our past successes.

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