Investigation and Prosecution Separated for First Time in 78 Years… Criminal Procedure Code Amendment Passes National Assembly

Biggest Judicial System Overhaul Since Enactment in 1954… Separation of Investigation and Prosecution After 78 Years

The most significant change in the judicial system since the enactment of the Criminal Procedure Code in 1954 has been implemented. The plenary session of the National Assembly passed the amendment to the Criminal Procedure Code on the 31st of last month, led by the ruling party, which completely abolishes the prosecution's investigative and supplementary investigative powers. With this, the 78-year history of prosecutors directly investigating crimes has officially come to an end. In effect, the principle of the 'separation of investigation and prosecution'—where the police are exclusively responsible for investigation and the prosecution monopolizes the decision to indict—has been legally established.

This legislation is the result of the speed race for prosecutorial reform that the Lee Jae-myung administration has been pushing for since its inauguration. As related legislation marks a period after about a year and two months, all investigative powers, except for the indictment authority, are transferred to the police. The role of the 'investigating prosecutor,' once a staple in TV dramas scouring crime scenes to uncover the truth, has now legally and institutionally completely disappeared.

Background: Complete Abolition of Prosecution’s Supplementary Investigation Powers and Introduction of Mandatory Referral for 7 Major Crimes

The core issue of the supplementary investigation power refers to the authority of the prosecution to re-investigate a case after receiving it from the police, who have completed their investigation. The amendment completely deleted this authority to restructure the system so that the police are responsible for the case from start to finish. The aim is to fundamentally block inter-agency conflicts that arose in the past when the prosecution overturned police investigation results or intervened arbitrarily.

However, as investigative powers are completely transferred to the police, concerns are simultaneously being raised about side effects such as a decline in the quality of investigations and human rights violations. To supplement this, the Democratic Party is additionally pushing for a bill on the 'mandatory referral of all cases for seven major crimes.' The Democratic Party's Legislation and Judiciary Committee stated that it intends to process the bill as soon as possible, by next month at the latest. The intention is to mandate a pre-indictment review by a dedicated prosecutor for serious crimes such as murder, robbery, and sexual violence, thereby checking the police's sole discretion in investigations and solidifying safety measures for the people.

Sharp Legislative Conflict Between Ruling and Opposition Parties… 'Legislative Tyranny' vs. 'Completion of Reform'

Intense political conflict between the ruling and opposition parties had been anticipated throughout the passage process of the Criminal Procedure Code amendment. The People Power Party is fiercely opposing the deprivation of the prosecution's investigation and supplementary investigation powers and is showing moves to invalidate the legislation. Rep. Yoo Sang-bum strongly criticized it as an act of dismantling the last shield and safety device for the people. Rep. Park Jung-ha also pointed out through a broadcast appearance that it is a hasty legislation solely for the protection of power, insensitive to the livelihood suffering of the people.

The opposition party further judges that the amendment has a high possibility of being unconstitutional and is preparing to file a competence dispute petition and a constitutional complaint with the Constitutional Court. In contrast, the ruling party, including the Democratic Party, evaluates it as the completion of historical reform that resolves the long-standing evils of the prosecution's monopoly on power. They emphasize that the bill on the mandatory referral for seven major crimes, introduced to fundamentally block the potential for abuse due to the police's investigation monopoly, will serve as a key shield.

Future Legislative Schedule and Prospects for Social Ripple Effects

As the grand framework of separating investigation and prosecution has been established, the ripple effect on the future judicial system is analyzed to be very significant. Previously, the National Assembly opened the August extraordinary session, predicting a head-to-head confrontation between the ruling and opposition parties over the handling of 'fast-track bills' and 'independent counsel.' In particular, the schedule for handling the bill on the mandatory referral for seven major crimes, discussed as a follow-up measure to the abolition of supplementary investigation powers, is expected to remain a key political issue in the National Assembly for the time being.

As the era of the investigating prosecutor fades, the center of gravity of the judicial system is shifting rapidly to the police. The key will be how precisely the principle of checks and balances is legislatively implemented to resolve concerns that excessive authority will be concentrated in the police during this process. As the final validity of the amendment may depend on the outcome of the constitutional complaint anticipated by the opposition party, follow-up discussions to secure institutional stability amidst the massive changes in the judicial system are expected to gain momentum.