▲ The revised Criminal Procedure Act, which aims to abolish prosecutors' supplementary investigation powers, is passed at the 3rd plenary session of the July extraordinary session of the National Assembly on July 31, amid a boycott by lawmakers from the People Power Party.
The constitutional appeal filed by the opposition People Power Party against the revised Criminal Procedure Act, which abolishes prosecutors' direct investigation and supplementary investigation powers, will undergo a formal review by the Constitutional Court.
The Constitutional Court formally referred the constitutional complaint seeking a confirmation of unconstitutionality regarding parts of the revised Criminal Procedure Act, filed by the People Power Party on the 13th, to a full review yesterday (the 25th).
Under the Constitutional Court Act, the court uses a designated panel consisting of three justices to examine whether a constitutional appeal meets legal requirements. If it determines there are no legal flaws, the case is referred to the full bench, where all nine justices deliberate.
The People Power Party previously announced that it filed the constitutional appeal on the 13th based on grounds including the principle of due process and personal liberty; rights inherent to the warrant principle and prosecutors' authority to request warrants; the right to a prompt and fair trial; the presumption of innocence; criminal victims' right to make statements in trial procedures; and violations of the principle of proportionality.
They also argued that subordinating prosecutors to police investigation results, thereby undermining the checks and balances within the criminal justice system, violates the functional principle of the separation of powers.
The revision to the Criminal Procedure Act, which completely abolishes prosecutors' direct investigation authority, was processed by the Democratic Party of Korea during a plenary session of the National Assembly late last month and passed the Cabinet meeting earlier this month.
Starting in October when the revised Criminal Procedure Act takes effect, investigation and prosecution will be completely separated, banning prosecutors from conducting direct investigations and abolishing their supplementary investigation powers.
(Photo: Yonhap News)
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