Police replacement possible if supplementary investigations not conducted… Investigation period up to 2 months

South Korea's Democratic Party has introduced a significant revision to the Criminal Procedure Act, aiming to completely separate investigative and prosecutorial powers. The proposed legislation, spearheaded by the party's Criminal Procedure Law TF, seeks to abolish the prosecutor's investigative authority and establish distinct bodies for investigation and prosecution. This move aligns with the planned abolition of the Prosecutor's Office and the establishment of a Public Prosecution Service (for indictment) and a Serious Crimes Investigation Agency (for investigations) on October 2, 2026.

A key aspect of the revision is the strengthening of the prosecutor's right to request supplementary investigations from the police. The current provision allowing police to refuse supplementary investigations without a "justifiable reason" will be amended by removing that clause. Furthermore, prosecutors will gain the power to demand the "replacement" of police officers who fail to comply with supplementary investigation requests without a valid reason, although the clause "without justifiable reason" remains, potentially limiting its effectiveness.

The proposed bill also introduces stricter time limits for supplementary investigations. Police will be required to complete supplementary investigations within one month of receiving a request, with a possible one-time extension of another month for "considerable reasons." This contrasts with the current system, where the enforcement decree allows for a three-month period. For reinvestigations requested by prosecutors on cases not forwarded by police, the revision mandates completion within three months. The party aims to address delays caused by prosecutorial requests for supplementary and reinvestigations.

Additionally, the revision introduces a new provision allowing for the transfer of cases to other investigative agencies if the fairness of an investigation is doubted. This measure is intended to address instances of inadequate or unfair investigations, such as the "Gwangju high school student murder case." The Democratic Party emphasized the need for self-regulation and checks within investigative agencies to prevent misconduct, particularly when interested parties might influence investigations.