"Doubts are growing over whether the Major Crimes Investigation Agency (MCIA) will be able to launch on schedule."
These are the words of multiple legal sources. They unanimously note that although the preparatory committees for the MCIA and the Public Prosecution Agency have officially launched, concerns about a "delayed" opening are instead growing louder. The worry is that if the launch of the MCIA and the Public Prosecution Agency is delayed, problems could arise in the soft landing of the new criminal justice system.
Behind these concerns lies the delayed decision on whether prosecutors will retain their supplementary investigation rights. Whether prosecutors are granted supplementary investigation rights affects not only the legal staffing levels of the MCIA and the Public Prosecution Agency but also their organizational composition. The ruling and opposition parties are reportedly planning to convene an extraordinary National Assembly session in June, immediately after the June 3 local elections, to address revisions to the Criminal Procedure Act, including the question of whether to retain or abolish prosecutors' supplementary investigation rights.
A legal source familiar with prosecution affairs pointed out, "The legal staffing levels (of the MCIA and Public Prosecution Agency) must be determined before each organization can be assembled," adding, "Only when these matters are decided can the locations of the MCIA and the Public Prosecution Agency also be set." The source continued, "Some are even saying that, with no decision made on whether to retain or abolish prosecutors' supplementary investigation rights, the Ministry of Justice and the Ministry of the Interior and Safety are showing differences over the legal staffing levels (of the two agencies)," adding, "This is interpreted as stemming from the fact that the personnel that must be secured at the MCIA and the Public Prosecution Agency could differ depending on whether supplementary investigation rights are retained or abolished." Under the enforcement decree of the Prosecutors' Quota Act, the quota for prosecutors is 2,292. The Regulations on the Office Organization of the Prosecutors' Office set the quota for general prosecution staff, excluding prosecutors, at 7,856. This includes job categories such as investigation, narcotics investigation, security, immigration control, taxation, science and technology, computing, driving, facilities, and industry.
A prosecution official who requested anonymity said, "The fate of nearly 10,000 personnel, including prosecutors and investigators, will be decided by October — whether they belong to the MCIA or the Public Prosecution Agency — yet not even an official needs assessment has been conducted," adding, "This is growing into anxiety (about the future) and is causing a decline in morale among those currently serving (in the prosecution)."
Some observers also predict that if the decision on whether to retain or abolish prosecutors' supplementary investigation rights is delayed, it could adversely affect not only the launch of the MCIA and the Public Prosecution Agency but also next year's budget allocation for these agencies. For investigative bodies, the largest portion of the budget is wages, and if the actual workforce is not determined, even the budget proposal submitted to the government and National Assembly cannot be prepared on time. Many also point out that this could negatively affect the calculation of budgets such as Special Activity Expenses (SAE), the actual expenses used in investigative processes including search and seizure operations.
A legal source familiar with prosecution affairs voiced concern, saying, "Typically, the budget proposal must be submitted to the government by August or September at the latest for year-end National Assembly deliberations to be possible," adding, "With preparations for the launch of the MCIA and the Public Prosecution Agency — including legal staffing and organizational composition — being delayed, disruptions in next year's investigation budget allocation may be unavoidable." The argument is that with not only the MCIA but also the Public Prosecution Agency set to launch under the burden of a sharp rise in pending cases, failure to properly secure budgets such as Special Activity Expenses could lead to investigation disruptions and delays, ultimately resulting in harm to the public. The source added, "The fact that the Public Prosecution Agency Act guarantees a 90-day investigation period also appears to be a measure aimed at helping the MCIA properly establish itself in its early stages," continuing, "With concerns growing over whether the launch will take place on time, if budgets are also not properly allocated, public harm from investigation delays could snowball." Under the Public Prosecution Agency Act, which takes effect in October, cases in which prosecutors have initiated investigations must be transferred to the relevant investigative agency in accordance with presidential decree. However, for cases in which prosecutors have initiated investigations where the statute of limitations is approaching or where transfer is unavoidable in light of the nature of the case, the Public Prosecution Agency, public prosecution offices at each level, and branch offices may continue to perform their duties in accordance with presidential decree. The deadline, however, is within 90 days from the date of the law's enforcement.
