The Democratic Party of Korea introduced a bill to revise the Criminal Procedure Act on the 9th, centered on abolishing prosecutors' supplementary investigation powers. Although opposing views emerged that prosecutors' supplementary investigation powers were necessary, prompted by cases such as the Chang Yun-ki case, the party ultimately decided to abolish the supplementary investigation powers in line with public opinion from its hardline support base that prosecutors should not be given any investigative powers whatsoever.
The Democratic Party's Criminal Procedure Act Revision Task Force introduced the revision bill containing these provisions on the same day.
With the abolition of supplementary investigation powers, Article 196 and other provisions governing prosecutors' investigations were entirely deleted.
However, the task force explained that control mechanisms over the police, such as supplementary investigation request powers, have been established. According to the bill, the grounds for judicial police officers to refuse a prosecutor's request for supplementary investigation have been deleted, and they must commence the supplementary investigation and notify the prosecutor of the results. In addition, the head of each level of the prosecution office may, when necessary, request the replacement of the judicial police officer in charge of the supplementary investigation. Furthermore, if proper supplementary investigation cannot be expected from a specific investigative agency, a prosecutor may designate the investigative agency to conduct the supplementary investigation, and a provision was also established allowing prosecutors to request supplementary investigation from the Serious Crimes Investigation Agency instead of the police.
Prosecutors' corrective action request powers were also strengthened. Even before referral, if improper investigation by an investigative agency is identified, prosecutors may take over the case from a judicial police officer and transfer it to another investigative agency. The bill also includes an obligation requiring judicial police officers to send prosecutors a list of documents, records, and materials obtained during the investigation process for cases not referred for indictment.
Provisions to sanction judicial police officers who fail to comply without justification with prosecutors' legitimate supplementary investigation requests, corrective action requests, and reinvestigation requests were also strengthened and reorganized. In addition, when a crime by an official belonging to an investigative agency is discovered, the head of that investigative agency must notify and transfer the case to another authorized investigative agency.
Protection for complainants and victims will also be strengthened. When improper investigation is suspected, not only the suspect but also the complainant, victim, or legal representative may report directly to prosecutors. Prosecutors may request corrective action for the case if necessary and may also transfer the case to another investigative agency. Prosecutors must notify the reporting party of the measures taken and the results.
The scope of those eligible to file objections to cases not referred for indictment will also be expanded. Not only complainants but also informants will be able to file objections. In addition, when a prosecutor requests a judicial police officer to reinvestigate a case not referred for indictment, the prosecutor must notify the complainant, victim, and others of the request.
The Criminal Procedure Act Task Force said, "This revision bill contains not only the adjustment of investigative powers between prosecutors and police but also the strengthening of oversight and checks on investigative agencies, as well as the direction of protecting complainants and victims." It added, "We will work to ensure swift and thorough deliberation at the Legislation and Judiciary Committee so that there is no disruption in the enforcement of the Prosecution Office Act and the Serious Crimes Investigation Agency Act, and to create an investigative and judicial system that benefits the public."
