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| © News1 Designer Eunhyun Lee |
The three presidential decrees for the application of the revised Criminal Procedure Law and the Law of the Prosecutor’s Office related to the adequacy of the prosecutor’s right of investigation were approved at the meeting of the State Council on the 29th. The subsequent legislation was completed eight months after the two bills were approved in the plenary session of the National Assembly in January.
On the date of entry into force of the revised Criminal Procedure Law, “Regulation on mutual cooperation between prosecutors and judicial police officers and general investigation rules”; There are three types of regulations.
These presidential decrees have been prepared through consultations with the Ministry of Justice, the Ministry of Public Administration and Security, and related agencies such as the Maritime Police Agency, focused on the ‘Follow-up Promotion Team for the Reform of the Rights of Investigation for the People ‘(Chief Secretary for Civil Affairs of the Blue House) since February.
Opinions raised during the legislative notice period (August 7 to September 16) were also partially reflected. The police demanded to amend the bill until the last minute, and the ruling party has also organized the work of collecting opinions and coordinating underwater.
The police noted that the investigation rules were under the exclusive jurisdiction of the Ministry of Justice and had a unilateral review and interpretation authority as one of the toxin clauses, and insisted on a joint jurisdiction between the Ministry of Justice and the Ministry of Security Public. In response to this, the Ministry of Justice, which supervises the National Criminal Law, is designated as the department in charge, but also stipulated that an advisory committee made up of external experts be established in relation to the interpretation and modification of the investigation regulations.
It was felt that the result of the new investigation of the case referred by the judicial police should be removed from the regulations that allowed the prosecutor to request repatriation. However, considering that the provisions are essential provisions for the protection of citizens’ rights and interests and legal control, the proposed legislation was revised in a way that clearly complements the requirements.
Consequently, in the case of a new investigation by agents of the judicial police, the result of a new investigation is’ if the violation or injustice that did not send the case is corrected because it violates the relevant laws, clearly violates the law of debt or there is an error in determining the prosecution status or criminal prosecution requirements. In accordance with article 197-3 of the Criminal Procedure Law (request for corrective action, etc.) within 30 days of the date of notification, a request for repatriation of the case was made.
Likewise, regulations on the expansion of the protection of human rights and due process were included in the investigation regulations, including restrictions on night and long-term investigations, guaranteeing the right to assist lawyers, prohibiting separate investigations, limiting the summons and arrest warrants in the internal investigation stage, and forcing the deletion of electronic information irrelevant to the case.
According to the Law on the Prosecutor’s Office, it was felt that the scope of the crime of the prosecution’s investigation should be excluded from the scope of the prosecution’s investigation, but the existing proposal was maintained. Considering the fact that the relevant law granted only the prosecutors the authority to request the control and delivery of the drugs detected during import customs clearance, and the need to maintain the criminal response capacity.
The scope of the prosecution’s direct investigation is limited to the six crimes of corruption, economics, public officials, elections, defense projects and major catastrophes, and is limited to specific crimes such as bribery under the Weighted Punishment Act for specific crimes and fraud, embezzlement and negligence under the Weighted Punishment for Specific Economic Crimes Act. The scope of the delegation has been clearly defined.
Additional restrictions were placed on the status and number of public officials subject to the initiation of the prosecution investigation. A prosecutor may initiate an investigation only when a senior public official is a person required to register property under the Public Officials Ethics Act, a bribery offense is 30 million won or more under the Special Offer Law and a crime of fraud, embezzlement, and malpractice is 500 million won or more.
The Ministry of Justice anticipates that if these presidential decrees are implemented starting in 2019, the number of investigations by direct prosecutors will be reduced by more than 84% from 50,000 to 8,000.
These presidential decrees, which have been resolved by the Council of State, come into effect in January of next year after being approved by the president. However, if the provisions on the restriction of evidence prepared by the prosecution are implemented immediately, there is a risk of confusion in practice or a gap in the ability to respond to the crime.
The Ministry of Justice said: “With this opportunity, prosecutors will be legal experts, defend human rights, control the legality of the investigation process and maintain prosecution and prosecution, and judicial police officers will establish themselves as a function of make criminal justice a reality in each field through field research activities. ” He said.
“We will endeavor to reform the investigation law in which the principle of check and balance functions from the public point of view starting next year, rapidly completing the establishment and amendment of follow-up laws, such as the establishment of a new system of work based on the association of prosecutors and the rules of prosecution affairs. “He added.
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