Ahead of the enforcement of the amended Criminal Procedure Act, which abolishes prosecutors' powers to conduct direct and supplementary investigations, President Lee Jae-myung ordered relevant ministries to prepare follow-up measures. In the process, Lee asked whether cooperative investigations between prosecutors and police in the form of a joint investigation headquarters would remain possible after the law's revision, and the Ministry of Justice and the Ministry of the Interior and Safety clashed with differing views.
At a work report from the Ministry of Justice and the Ministry of the Interior and Safety held at the presidential office on the 5th, Lee referred to the amended Criminal Procedure Act that passed the Cabinet meeting the previous day, saying, "Investigation and prosecution are clearly separated, but the public actually has many concerns." He added, "Police have gained the authority to conclude cases, but the public is worried about police capabilities and reliability," and urged, "Since supplementary investigation powers have disappeared, we must examine whether measures for that are being well prepared."
Lee: "I Haven't Read the Amended Criminal Procedure Act, But..."
In particular, Lee said, "I haven't read the amended Criminal Procedure Act," and asked, "Under the amended Criminal Procedure Act, does it say prosecutors must not investigate? Is it prohibited, telling them not to do it?" He was pressing whether the Criminal Procedure Act had "explicitly prohibited" prosecutors' investigative activities, or whether the "legal basis had simply been removed."
In response, Justice Minister Jung Sung-ho answered, "The legal basis for any investigation has been removed." When Lee again asked, "Isn't the basis being removed different from being explicitly prohibited, being told not to do it?" Jung explained, "It is not in the form of a prohibition clause."
Vice Justice Minister Lee Jin-soo then answered, "The amended Criminal Procedure Act stipulates that 'prosecutors are responsible for filing and maintaining indictments, and judicial police officers are responsible for investigations.'" He also said, "Because the law is designed so that prosecutors do not fully exercise investigative authority in this way, and responsibilities are clearly defined, controversy over 'illegal investigation' in the investigative procedure could arise if prosecutors directly intervene in investigations in the future."
Regarding Lee's remark during this exchange that he had "not read the Criminal Procedure Act," there is an interpretation that he was indirectly signaling that the content of the amended Criminal Procedure Act differs from his own views. Lee had previously expressed concerns about the amendment to the Criminal Procedure Act, saying, "It is right not to conduct supplementary investigations, but there are cases where they are exceptionally necessary." However, the ruling party, led by hardliners, processed the amendment centered on abolishing prosecutors' supplementary investigation powers.
To "Can the Joint Investigation Headquarters Continue As Is?"...Jung Says "Weak Basis," Yoon Says "Via the Prosecution-Investigation-Police Model"
Ministries also showed divided views on whether prosecutor-police cooperative investigation bodies in the form of joint investigation headquarters can be maintained. As prosecutors' investigative powers disappear under the Criminal Procedure Act amendment, the need for a legal review of joint investigation headquarters has also been raised.
Lee pointed to the issue of the operational basis for the nine major prosecutor-police joint investigation headquarters currently in operation, asking, "If the operational basis for the joint investigation headquarters has not been prohibited, isn't it possible to continue as before?" Jung said, "The operational basis for the current joint investigation headquarters is very weak and effectively nonexistent," adding, "When a prosecutor from the public prosecution office goes to a joint investigation headquarters and participates in an investigation, the limits are clear, and if the basis, such as investigation guidelines, is not clear, problems could arise in the process of maintaining indictments."
By contrast, Interior Minister Yoon Ho-jung said, "The prosecutor-police joint investigation headquarters so far have not had a clear basis in the Criminal Procedure Act either." When Lee asked, "Isn't the joint investigation headquarters going to be dismantled?" Yoon answered, "(Joint investigation) can be done." However, he added, "In the case of prosecutors conducting joint cooperative investigations, the prosecutor is not conducting the investigation directly."
Yoon also offered the view that a body similar in form to the current joint investigation headquarters could operate, saying, "In the future, the functions of the prosecutors' office will be divided into a public prosecution office and a serious crimes investigation office, so wouldn't a joint investigation headquarters of the public prosecution office, serious crimes investigation office, and police be created?"
Lee concluded his remarks by telling Jung and Yoon, with whom he has long worked as a fellow lawmaker of the Democratic Party, "Aren't you originally close? Please consult well so you can prepare for every scenario."
