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“Suspect in attendance investigation” … Claim ‘public safety rule’
References as mere witnesses, no victims allowed
Implications of the reform of police abuse prosecution practices and controls
Starting next year, there are recent articles that say that even if it is not related to a crime, the prosecution or the police will be charged with an attendance check.
Some criticize this as “governing public safety” and “driving all people to criminals.”
If it is a valid review, I did indeed verify it.
This is reporter Han Dong-oh.
[기자]“Starting next year, he will be arrested just by conducting a police attendance survey.”
The articles say that if you go to the prosecution or the police and they investigate you, you become a suspect.
These articles are being circulated through some Internet media as affirmations of the beginning of a Chinese-style public safety rule.
[펜앤드마이크TV (유튜브) : 문재인 정권 들어 그동안 우리가 당연하게 누렸던 자유가 점점 사라지고 경찰 국가, 통제 국가, 빅브라더의 국가로 빠르게 전락하고 있는 것 같습니다.]▲ The suspect even if there is no related crime?
The basis is the investigation rules announced by the Ministry of Justice on the 7th of last month.
It is indicated that if a prosecutor or judicial police conducts an activity such as an assistance investigation, it is reported that the investigation has started and the case is immediately archived.
However, the subject is the suspect.
The references as witnesses and victims are not imputed even if they are attended by the police or the prosecution, unless there are other charges.
[법무부 관계자 : (참고인으로 출석해도 바로 입건이 되는 건지?) 아니죠. 거기 피혐의자라고 나와 있는…. 참고인으로 조사했는데 어떻게 입건을 하나요.]▲ Respect for human rights? Harm to innocent citizens?
Currently, even if suspects are called and investigated by the police at the internal investigation stage, they can self-destruct without complaint.
However, in the case of a case, that is, a formal criminal case, you must cooperate with the prosecution to deal with recruits.
The evidence must be delivered to the prosecution and the prosecution may also request additional investigations and corrective actions.
Ultimately, it is interpreted to be a control device to prevent abuse of police rights through an indiscriminate internal investigation that suspects in the internal investigation stage must also present when conducting the assistance investigation.
Of course, it is also pointed out that he is fundamentally changing investigative practices that have been wrong so far, because the case of the assistance investigation also applies to the prosecution.
[양태정 / 변호사 : 피혐의자 신분으로 사실상 수사를 받으면서 방어권을 제대로 보장받지 못하는 문제가 있었기 때문에…. 이를 계기로 피의자의 변호인의 조력을 받을 권리나, 무죄추정의 원칙을 더욱 보장하는 것이 바람직합니다.]However, contrary to the intention of guaranteeing human rights, there are strong voices that the original draft should be modified, since innocent citizens can be accused as suspects in the case of excessive complaints with ambiguous complaints.
This is YTN Han Dong-oh.
Reporter Han Dong-oh [[email protected]]
Researcher Mihwa Kim [[email protected]]
Internal reporter Lee Soo-hyun [[email protected]]
