South Korea’s Cabinet on Tuesday approved a criminal procedure law revision that would eliminate prosecutors’ investigation powers, according to the government. The bill was deliberated and approved at a Cabinet meeting chaired by President Lee Jae Myung at the former presidential office in Seoul.[1]
The revised law is centered on fully separating investigation and prosecution, blocking prosecutors from conducting direct investigations. It also abolishes prosecutors’ supplemental investigation authority, while still allowing prosecutors to request supplementary probes from police officers. Police who receive such a request must complete the supplementary investigation within one month and report the results to prosecutors.[1]
The measure also requires all materials from the investigative process to be recorded in the Korea Criminal Justice Information System, or KICS, and gives complainants, victims and accusers the right to object if police decline to send a case to prosecutors. In addition, the law adds two new grounds for a court to dismiss an indictment: when charges are brought based on a serious illegal investigation, or when charges are filed after a serious departure from prosecutorial discretion.[1]
The revised law is set to take effect on Oct. 2, in line with the launch of the new serious crime investigation agency and prosecution office. The bill passed the National Assembly last week under the leadership of the ruling Democratic Party, and the conservative People Power Party had urged President Lee to exercise a veto.[1][4]
