Bill Abolishing Prosecutors' Investigative Powers Passes State Council
Translated from Korean, summarized and contextualized by DistantNews.
At a glance
- South Korea's National Assembly has passed an amendment to the Criminal Procedure Act, completely abolishing the prosecution's direct investigative powers.
- The amendment removes legal grounds for prosecutors to conduct direct investigations and handle cases transferred from the police.
- Prosecutors will now solely focus on indictment and trial, with provisions to prevent investigative delays by requiring police to comply with supplementary investigation requests within two months.
South Korea has taken a significant step towards reforming its justice system with the passage of an amendment to the Criminal Procedure Act, effectively abolishing the prosecution's direct investigative powers. The amendment, approved during a State Council meeting chaired by President Lee Jae-myung, strips prosecutors of their authority to initiate and conduct investigations independently.
The core of the amendment lies in removing the legal basis for prosecutors to conduct direct investigations and to pursue supplementary investigations on cases handed over by the police. Under the new law, prosecutors will be limited to their roles in indictment and trial, marking a substantial shift in the balance of power within the investigative process.
This reform aims to enhance the efficiency and fairness of investigations. To prevent potential delays, the amendment includes clauses that mandate police to comply with supplementary investigation requests from prosecutors within a maximum of two months. This measure seeks to ensure that investigations proceed without undue hindrance, while clearly defining the investigative responsibilities.
The move follows considerable debate, with opposition parties advocating for the retention of the prosecution's supplementary investigative powers. They had urged President Lee to exercise his veto power against the amendment. However, the government's approval signifies a decisive move towards a system where police hold primary investigative authority, and prosecutors focus on judicial proceedings.
Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.