Criminal Procedure Act Amendment Passes National Assembly, Separating Investigation and Prosecution After 78 Years

Completion of Investigation and Prosecution Separation After 78 Years and Legislative Background

The amendment to the Criminal Procedure Act, passed by the National Assembly on the 31st of last month, is a historic legislative measure that separates the powers of prosecutors, who previously handled both investigations and prosecutions. With the complete abolition of the prosecution's investigative authority, including its supplementary investigation powers, a definitive end has been put to the prosecutorial reforms that have been pushed since the launch of the Lee Jae-myung administration. Criticisms regarding prosecutorial power abuse and the erosion of political neutrality, consistently raised since the Yoon Suk-yeol administration, served as the primary background for this legislation.

The new system mandates that the police will conclude all investigations, and prosecutors will exclusively handle the filing of charges for trials in court. This aims to clearly demarcate the stages of investigation and trial, fundamentally preventing any arbitrary abuse of legal procedures by powerful institutions. Consequently, the criminal justice system has been completely reorganized after 78 years since its introduction.

Key Provisions of the Bill and the "All Cases Forward" Safeguard for Seven Major Crimes

The most significant change in this amendment is the complete loss of the prosecution's authority to directly collect evidence or supplement police investigations. In the past, even after the police concluded an investigation, prosecutors could obtain additional materials to decide whether to indict. However, now, they must maintain prosecutions based solely on the case records handed over by the police. This establishes a structural foundation that clarifies accountability between institutions, promoting mutual checks and balances.

Beyond simply reducing powers, subsequent measures are being discussed to prevent negative side effects. The Legislation and Judiciary Committee of the Democratic Party of Korea plans to process a bill for the mandatory forwarding of all seven major crime cases to prosecutors by next month at the latest, to prevent investigative shortcomings in serious crimes due to the police's exclusive power to conclude investigations. For the seven major crimes that cause public anxiety, such as murder, robbery, and sexual assault, all cases will be forwarded to the prosecution regardless of the investigation's outcome, undergoing final review for indictment.

Presidential Veto Unlikely and Fierce Bipartisan Debate

President Lee Jae-myung has decided not to exercise his right to request a reconsideration of the Criminal Procedure Act amendment, with the plan to solidify this stance from the 3rd, upon his return from a tour of South America. This is interpreted as his intention to ensure the effectiveness of prosecutorial reforms by promulgating the bill as is, despite strong opposition from the opposition party. If a veto were exercised, political turmoil requiring a re-vote in the National Assembly would be inevitable, so this strategy aims to preemptively block such friction and focus on subsequent legislation.

The ruling Democratic Party of Korea, represented by Judiciary Committee Chairperson Seo Young-kyo, has dismissed claims of the unconstitutionality of abolishing the prosecution's investigative powers. Chairperson Seo emphasized that the claims of unconstitutionality are baseless and that this is an inherent legislative matter for the National Assembly. They are continuing their offensive by arguing that the separation of investigation and prosecution is the standard for a developed judicial system and that there are no legal flaws.

Conversely, the People Power Party held a现场 (field) supreme council meeting in front of the Blue House and strongly condemned the passage of the bill. The opposition party claims that stripping the prosecution of its investigative powers infringes upon the independence of prosecutors guaranteed by the constitution and plans to actively pursue a constitutional appeal against the passed amendment. They are giving weight to expert opinions that the police's exclusive investigative power could create blind spots in power oversight and lead to insufficient investigations into crimes committed by specific power elites.

The fundamental change in the criminal procedure system expands the possibility of democratic control over the judicial system. However, the establishment of internal checks within the police force to prevent a decline in the quality of investigations is paramount.

Market Impact and Future Outlook Following Judicial System Reorganization

The complete separation of investigative and prosecutorial powers is expected to bring structural changes to the investigation of economic and financial crimes as well. The practice of prosecutors leading investigations and arbitrarily searching and seizing companies, which was common in past cases of large corporate corruption or major financial fraud, will disappear. The economic sector anticipates improved predictability in the investment environment due to the enhanced visibility of legal risks. With reduced prosecutorial intervention in corporate governance disputes or shareholder lawsuits, there is a greater likelihood of objective legal dispute resolution.

Upon official promulgation, expected in mid-August, the amendment will take legal effect immediately. The ruling party plans to facilitate the stable establishment of the system by completing over 190 subsequent legislative items, including the bill for mandatory forwarding of seven major crimes, in the shortest possible period. Conversely, the opposition party is predicted to intensify legal battles to obtain a ruling of unconstitutionality from the Constitutional Court, leveraging its position as the majority opposition party. The successful establishment of the criminal justice system is analyzed to depend on the police's autonomous investigative capabilities and the National Assembly's rational subsequent legislation.