Bill Proposed to Abolish Prosecutors' Supplementary Investigation Powers

Bill Proposes Abolition of Prosecutors' Supplementary Investigation Powers, Foretells Legislative Battle in Second Half of Year

A criminal procedure law amendment bill, aiming to curtail the scope of prosecutorial investigations, has been proposed by some lawmakers from the ruling bloc, signaling it is likely to emerge as a major point of contention in the National Assembly during the latter half of the year. Following the government's decision to abolish the supplementary investigation rights for prosecutors slated to launch in October, the timing for processing the related criminal procedure law amendment to support this policy is becoming a political issue, coinciding with the August 17 party convention. The bill's proposal, involving not only the Democratic Party of Korea but also the Jo Guk Innovation Party and independent lawmakers, is interpreted as a move to weaken the prosecution's monopoly on indictment and strengthen checks and balances within the judicial system. In particular, the argument for completely abolishing prosecutors' supplementary investigation powers is gaining traction, with calls growing for the swift passage of related legislation.

Background and Key Content of Supplementary Investigation Powers Abolition

This criminal procedure law amendment bill is intended to enhance fairness and efficiency in the investigation process by abolishing prosecutors' supplementary investigation powers. Under the current law, prosecutors possess the authority to reinvestigate cases even after indictment, a power that has faced criticism for potentially placing additional burdens on defendants or delaying investigative procedures. The proposed amendment fundamentally abolishes these supplementary investigation powers, allowing them only in limited, exceptional circumstances defined by law.

Specifically, the amendment stipulates that prosecutors cannot initiate investigations into new charges after filing an indictment. This would make it difficult for prosecutors to conduct further investigations even if new evidence is discovered related to a case they have already indicted. Furthermore, supplementary investigations would only be permitted in extremely limited situations, such as when ordered by a court to resume an investigation, significantly curtailing the prosecution's discretionary investigative powers. Such measures stem from the intent to strengthen the investigative capabilities of judicial police and to enhance mutual checks by separating the prosecution's investigative and indictment powers. Some lawmakers in the ruling bloc emphasize that these changes will pave the way for the early exoneration of innocent citizens and contribute to greater transparency throughout the judicial system.

Reactions from Political Circles and Stakeholders

Political stances are divided over the proposal of this criminal procedure law amendment. The ruling bloc, led by the Democratic Party of Korea, is urging the swift passage of the bill, emphasizing the necessity of prosecutorial reform. Former leader Chung Jin-suk encouraged the bill's proposal, calling the abolition of supplementary investigation powers the core issue, while lawmakers like Kim Yong-min of the Democratic Party explained the context of the amendment and emphasized cooperation with civil society. Representative Park Eun-jung of the Jo Guk Innovation Party and independent lawmaker Choi Hyuk-jin have also joined in proposing the bill, forming a consensus among opposition parties regarding the reduction of prosecutorial investigative powers.

They are raising their voices to demand immediate deliberation by the Legislation and Judiciary Committee through its prompt formation. They express anticipation that fairness in the investigative process will be strengthened as the prosecution's authority to investigate new charges even after indictment is restricted through this amendment. In particular, considering that efforts to establish the party's stance on amending the criminal procedure law have been underway since March, but discussions have stalled, this bill proposal is interpreted as demonstrating a commitment to earnestly pursue the long-delayed prosecutorial reform agenda. Some analyze that these moves are being pushed in conjunction with the August 17 party convention, suggesting a strategic move to secure leadership within the party.

Market and Industry Impact

The abolition of prosecutors' supplementary investigation powers is expected to directly impact the legal community and investigative agencies. As the scope of prosecutorial investigations narrows, the role and responsibility of judicial police in the initial stages of investigation will become increasingly crucial. This could lead to strengthening the professionalism and independence of judicial police, ultimately contributing to increased reliability of investigative outcomes. Concerns are also raised that the swift clarification of criminal charges may become more difficult, as prosecutors would be unable to immediately investigate new allegations they uncover. However, some analyses suggest that these changes could have positive effects by preventing the abuse of prosecutorial indictment powers or tendencies toward investigative convenience.

In the long term, the abolition of supplementary investigation powers could trigger structural reforms across the entire criminal justice system. As prosecutorial investigative powers weaken, the proportion of police investigative powers will relatively increase, leading to the challenges of strengthening the police organization's capabilities and clarifying accountability. Furthermore, oversight functions concerning human rights violations or unfair investigative practices that may occur during investigations are expected to be enhanced. The specific details and ripple effects of this amendment may be subject to further discussion and modification during the parliamentary review process, making changes in the response strategies of the legal and related industries inevitable.

Future Legislative Procedures and Outlook

This criminal procedure law amendment bill must first undergo deliberation by the National Assembly's Legislation and Judiciary Committee before proceeding to a plenary session vote. While the ruling bloc intends to expedite the passage of the bill, significant hurdles are anticipated during the deliberation process due to existing political differences between the parties. Given that this amendment directly impacts the prosecution's investigative powers, a sensitive issue, it is highly likely that the interests of each party and legal reviews will become intricately intertwined. Currently, the timing for the bill's processing is expected to be determined after the political landscape stabilizes following the August 17 party convention, or in response to the rapidly evolving political climate. According to sources, the lawmakers who proposed this amendment are emphasizing the need for prompt deliberation by the Legislation and Judiciary Committee in the latter half of the year, thereby demonstrating their intent to lay a crucial foundation for prosecutorial reform. If the bill is ultimately passed, prosecutors' supplementary investigation powers will be significantly limited, heralding substantial changes to South Korea's criminal justice system.