Hardline lawmakers in the broader ruling bloc are pushing to strip prosecutors of their direct and supplementary investigation powers while also creating a body under the judiciary to check prosecutors' indictment authority. While earlier prosecution reform discussions focused on reclaiming investigative powers, this bill aims to place even indictment authority under the control of citizens and the courts.
According to political circles Wednesday, the Criminal Procedure Act revision, proposed Monday by Rep. Kim Yong-min of the Democratic Party and Rep. Park Eun-jung of the Rebuilding Korea Party, would establish an "indictment review council" at each district court to deliberate on and decide whether prosecutors should bring charges.
The revision stipulates that "an indictment review council shall be placed at each district court to deliberate on and resolve the appropriateness of a prosecutor's decision to bring charges, and to determine whether to bring charges in accordance with that resolution." The indictment review council would consist of nine members randomly selected from citizens aged 20 or older within the jurisdiction, and would decide on indictments in major cases such as corruption, financial and economic crimes, and the crime of distorting the law.
This differs from the indictment review committee under the Public Prosecution Office Act, which passed the National Assembly in March this year and is set to take effect in October. While the existing committee was limited to an internal advisory body within the prosecution office, this revision places the indictment review council under the courts and grants legal binding force to indictment decisions.
Under the revision, even if prosecutors decide not to charge, a lawyer designated by the district court chief judge would take charge of bringing and maintaining the indictment, excluding the prosecutor, if at least two-thirds of the indictment review council members vote in favor. An indictment brought by the designated lawyer would carry the same effect as one brought by a prosecutor. Conversely, if the council resolves not to indict, prosecutors cannot indict the same case again unless significant new evidence emerges.
A reduction of prosecutors' investigative powers is also being pursued together. The revision abolishes prosecutors' direct and supplementary investigation powers and unifies the investigating authority into judicial police officers. Prosecutors can only request supplementary investigations from police and cannot conduct investigations directly. However, if police fail to carry out a supplementary investigation request without justifiable reason, the head of the public prosecution office could request the removal or replacement of the investigator concerned.
The bill also includes the creation of an investigation human rights protector system and a reduction of the detention period during the investigation stage from the current maximum of 30 days to 21 days. It also includes measures to strengthen suspects' rights to defense, such as introducing a conditional release system, restricting late-night and prolonged questioning, and expanding defense counsel participation during search and seizure procedures.
However, this Criminal Procedure Act revision is a lawmaker-initiated bill led by Kim and others, and is not yet the Democratic Party's official position. The party leadership plans to determine the direction of follow-up legislation on prosecution reform, including supplementary investigation powers and the introduction of the indictment review council, after gathering opinions going forward.
