Denial of Charges
Overview
Denial of charges (嫌疑 否認, hyeomui buin) refers to a statement or procedural act by a suspect, defendant, or party to a civil suit denying the criminal charges or the facts constituting a claim asserted by the opposing party. In criminal proceedings, it functions as a method of defense contesting all or part of the facts charged; in civil proceedings, it functions as a procedural act that expressly contests the facts asserted by the opposing party and excludes the effect of a confession. Denial is rooted in the constitutional values of the presumption of innocence and the guarantee of the right to defense, and the manner of its exercise and its effects vary according to the type of proceeding.
Main Content
Concept and Legal Nature
Denial of charges is distinguished from mere silence or refusal to answer in that it is a negation of the facts. Under the Criminal Procedure Act, a defendant has the right to make a statement regarding the facts charged, and denying them is a core element of the right to defense. Denial may include both denial of fact—"I did not do it"—and denial as a matter of law—"the act occurred, but it does not constitute a crime."
Distinction Between Denial and Affirmative Defense
In practice, denial and affirmative defense are strictly distinguished. Denial negates the requisite facts asserted by the opposing party itself, whereas an affirmative defense admits the requisite facts but asserts separate contrary facts (e.g., self-defense, expiration of the statute of limitations, payment) to exclude legal effect. In civil litigation, if a defendant does not expressly contest the facts constituting the cause of claim, it may be deemed a confession (Civil Procedure Act Article 150), so whether to deny has a decisive effect on victory or defeat.
Denial of Charges in Criminal Proceedings
At the investigation stage, a suspect may deny the charges, in which case the investigative authority must collect not only evidence supporting the denial but also evidence proving the charges. At the trial stage, if the defendant denies the facts charged, the prosecutor must prove guilt beyond a reasonable doubt, and if proof fails, an acquittal is rendered. In principle, the denial statement itself should not be used unfavorably in sentencing, but in practice, whether the defendant has shown remorse is sometimes considered as a sentencing factor, which is controversial.
Denial in Civil Litigation
In civil litigation, a defendant must deny the facts constituting the cause of claim in an answer or in oral argument; if the defendant does not deny them, it may be deemed a confession. Denial must be explicit, and statements merely saying "I do not know" or "I do not remember" may in principle not be recognized as denial. However, in exceptional cases, such as where the defendant was unaware of the case, silence may be treated as denial.
Relationship with the Right to Remain Silent
A criminal suspect or defendant has the right to remain silent (Constitution Article 12(2)), and silence must not be interpreted as an admission of the charges. However, actively denying the charges and remaining silent differ strategically, in that silence may result in losing the opportunity to rebut evidence presented by the investigative authority.
Effects and Limits of Denial
If the denial is found to be true, it leads to an acquittal or dismissal of the claim. However, a false denial may constitute separate crimes such as perjury, solicitation of destruction of evidence, or false accusation, and making false statements or fabricating evidence in the course of denial may be an aggravating factor. In addition, if a lawyer is involved in having the defendant assert false facts, violations of the Attorney-at-Law Act, etc., may arise.
Recent Trends
In 2024–2025, digital evidence (mobile phone forensics, call records, location information, social media messages) has emerged as a key variable determining the effectiveness of a denial of charges. As cases increase in which digital evidence refutes a defendant's denial, courts tend to strictly scrutinize the authenticity of evidence and the lawfulness of collection procedures. Meanwhile, as cases appear in which AI deepfake and voice synthesis technologies are used to assert a "nonexistent alibi," courts are strengthening procedures to determine the truth or falsity of denials through digital evidence appraisal and expert testimony. In addition, at the boundary between freedom of expression and defamation, defamation lawsuits based on "denial of charges" itself are on the rise, and the conflict between publication of suspected facts and the presumption of innocence continues to be debated. In sentencing practice, attempts continue to distinguish between cases of consistently denying charges without sincere reflection and cases of initially denying but later confessing, and to reflect this in the sentence.
Related Topics
- [[Presumption of Innocence]]
- [[Right to Remain Silent]]
- [[Confession]]
- [[Affirmative Defense]]
- [[Principle of Evidence-Based Trial]]
- [[Right to Assistance of Counsel]]
- [[Facts Charged]]
- [[Perjury]]