Prosecutors' Reform Panel Backs Retention of Supplementary Investigation Powers

Amidst renewed debate over "supplementary investigation rights" during the prosecutors' reform process, an advisory committee under the Presidential Committee for Prosecutors' Reform has declared its stance that these rights must be maintained. In discussions related to the amendment of the Criminal Procedure Act, which is underway ahead of the Supreme Prosecutors' Office's planned abolition in October, the advisory committee emphasized that the abolition of supplementary investigation powers could lead to difficulties for all citizens, including crime victims and suspects.

In a statement released today (the 9th), the committee stated that if prosecutors are unable to conduct supplementary investigations directly, "the disadvantages will fall upon all citizens, including crime victims, suspects, and defendants." Supplementary investigation rights refer to the authority of prosecutors to supplement or conduct additional investigations after the police's initial inquiry.

The committee pointed out that current discussions on amending the Criminal Procedure Act are focused solely on significantly reducing the investigative role of prosecutors. It expressed concern that by being fixated on the goal of completely stripping prosecutors of investigative powers, the system's foundation is being reshaped without sufficient review and preparation for the ensuing institutional gaps and side effects.

Furthermore, the committee noted that in practice following the adjustment of investigative powers, inadequate investigations and delays by investigative agencies have become commonplace, and issues of "case ping-pong" between agencies are becoming prominent. It argued that a complete prohibition of supplementary investigations would exacerbate these problems. Regarding proposals for a separate "fact-finding" procedure, the committee questioned how it would fundamentally differ from existing investigations and stated it would only add to practical confusion.

The committee proposed the full restoration of the "mandatory case referral" system, which requires all cases investigated by primary investigative agencies like the police to be transferred to the prosecution. It also suggested a complete overhaul of the command and supervision structure for special judicial police, measures intended to ensure consistency and uniformity in the investigative process and prevent potential corruption or flawed investigations.

The advisory committee's current stance raises questions about how to balance the effectiveness of investigative power adjustments with the protection of citizens' rights within the broader framework of prosecutors' reform. The debate surrounding the retention of supplementary investigation powers could determine the direction of the Criminal Procedure Act amendment.