DETERMINATION OF WANTED PERSON (DPO) STATUS BY POLICE INVESTIGATIONS

Abstract

A person who commits a crime or offense and is considered a suspect based on sufficient preliminary evidence and has been legally and properly summoned for questioning, but fails to appear, leading to the assessment that he or she has absconded, is placed on the Wanted List. A suspect who has been summoned for questioning more than three (3) times for investigation purposes and whose whereabouts are unclear may be listed on the Wanted List and issued a Wanted List. If the suspect or person being searched for has been located or is no longer needed in the investigation, the Wanted List must be revoked. A suspect with DPO status has the right to file a pretrial motion. This is based on the right of every suspect to file a pretrial motion under the Criminal Procedure Code, regardless of whether the suspect is in detention or on the DPO status. The determination of Wanted List status by police investigators is not specifically regulated in the Criminal Procedure Code but is regulated by National Police Chief Regulation Number 14 of 2012 concerning the Management of Criminal Investigations. The legal consequence of incorrectly determining Wanted List status by police investigators is that the individual may file a pretrial motion.