[Anchor]
The revised Criminal Procedure Act passed by the National Assembly contains many parts that conflict with existing provisions as well as other legal frameworks. While a massive overhaul of related laws and regulations is necessary, concerns are growing that future confusion is inevitable.
Reporter Jang Hun-gyeong has the story.
[Reporter]
The core of the revised Criminal Procedure Act is the complete deprivation of prosecutors' investigative powers.
Consequently, prosecutors will no longer be able to request warrants unless requested by the police. The Supreme Prosecutors' Office pointed out that "the Constitution envisions prosecutors directly requesting warrants," adding that "there is potential for unconstitutionality."
[Interview / Park Jung-nan / Professor, Yonsei University Law School: Since it is the authority to control coercive investigations, it is seen as naturally possible for prosecutors to directly request warrants, and depriving them of this is inappropriate.]
Furthermore, to bring a suspect forwarded by the police to trial, prosecutors will only be able to request warrants for necessary detention, seizure, or search through the form of demanding supplementary investigations from the police.
However, the right to request the preservation of evidence during an investigation—which is also a type of investigative procedure—remains intact in the provisions.
Because the law was revised in haste, contradictions regarding investigative authority have emerged even within the revised Criminal Procedure Act itself.
[Interview / Jung Seung-hwan / Professor, Korea University Law School: Prosecutors with prosecution authority have certain necessary powers. Trying to eliminate all of them leads to systematic contradictions.]
The revised law also abolishes prosecutors' authority to direct investigations by special judicial police officers concerning crimes such as drugs, taxes, and economic crimes, limiting them only to guidance and advice.
Concerns are raised that prosecutors may practically lose the opportunity to correct errors made by special judicial police officers or the burying of cases.
[Interview / Lee Chang-hyun / Professor, Hankuk University of Foreign Studies Law School: What effect would making 100 demands for supplementary investigations have if you have no investigative authority? Creating various systems will not be very effective.]
As the revised Criminal Procedure Act—which fundamentally alters the criminal justice system maintained for over 70 years—passes the National Assembly, approximately 170 related laws and around 1,000 lower regulations, including Supreme Prosecutors' Office rules and precedents, require massive overhauls.
With about two months left until the full implementation of the revised Criminal Procedure Act, major confusion in the criminal justice field appears unavoidable unless contradictions within the bill itself are resolved and related laws are properly amended additionally.
(Video Editing: Yu Mi-ra)
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