The Democratic Party of Korea introduced an amendment to the Criminal Procedure Act on the 9th that abolishes prosecutors' authority to conduct supplementary investigations. Instead, it strengthened police oversight functions by removing the police's right to refuse supplementary investigations and introducing a mutual check mechanism with the Serious Crime Investigation Agency.
The Democratic Party's Criminal Procedure Act Amendment Task Force (TF) introduced the amendment containing these provisions that day. The amendment abolishes prosecutors' authority to conduct supplementary investigations and deletes provisions related to Article 196 of the Criminal Procedure Act, which stipulates prosecutors' investigative authority.
Instead, control mechanisms over the police were strengthened. The amendment deletes the grounds on which judicial police officers can refuse a prosecutor's request for supplementary investigation, and mandates that police must begin supplementary investigations and then notify the prosecutor of the results. In principle, police must complete supplementary investigations within one month, and for cases where the statute of limitations is imminent, the investigation must be completed within a shorter period.
Heads of prosecution offices at each level can request the replacement of the judicial police officer in charge of the supplementary investigation when necessary. In addition, when it is judged difficult to expect a fair supplementary investigation from a particular investigative office, they can designate another investigative office to request the supplementary investigation, or request the supplementary investigation from the Serious Crime Investigation Agency instead of the police.
Prosecutors' authority to request corrective measures was also expanded. Even before a case is transferred, if improper investigation by an investigative agency is confirmed, the prosecutor can take over the case and transfer it to another investigative agency. Along with this, judicial police officers are required to send to prosecutors the documents and records prepared during the investigation of cases not transferred, as well as a list of secured materials.
Provisions were also strengthened to sanction judicial police officers who fail to comply with a prosecutor's legitimate request for supplementary investigation, request for corrective measures, or request for reinvestigation without special reasons. The amendment also includes provisions requiring that, when a crime by an official belonging to an investigative agency is discovered, the head of that agency notify and transfer the case to another authorized investigative agency.
The Democratic Party places significance on the fact that this amendment eliminates prosecutors' direct investigation functions while institutionalizing a structure in which the police and the Serious Crime Investigation Agency mutually check each other. The plan is to create a structure in which the two agencies compete and check each other during case processing by allowing cases to be transferred to the Serious Crime Investigation Agency when police do not faithfully respond to a prosecutor's request for supplementary investigation or when a fair investigation is deemed difficult.
The Criminal Procedure Act TF said, "This amendment is a bill that not only adjusts investigative authority between prosecutors and police, but also strengthens monitoring and check functions over investigative agencies and includes protection for complainants and victims." It added, "Through swift and thorough deliberation by the National Assembly's Legislation and Judiciary Committee, we will ensure there are no disruptions to the implementation of the Prosecution Service Act and the Serious Crime Investigation Agency Act, and will establish an investigative and judicial system that benefits the people."
