7 in 10 Lawyers at MINBYUN Support Partial or Full Retention of Prosecutors' Supplementary Investigation Rights

A survey has found that 7 out of 10 lawyers affiliated with Lawyers for a Democratic Society (MINBYUN) believe that prosecutors' rights to conduct supplementary investigations should be either partially or fully retained.

MINBYUN released the results today (July 7) of a survey on plans to amend the Criminal Procedure Act, which was conducted among 403 members from June 30 to July 3.

Regarding the supplementary investigation rights of prosecutors, 45.9% of respondents favored partial retention, while 21.1% supported full retention.

Combined, these two groups indicate that 67% of all respondents lean toward maintaining the supplementary investigation rights.

On the other hand, 31.3% (126 people) supported the complete abolition of these rights.

As for necessary supplementary measures in the event that supplementary investigation rights are completely abolished, 78.3% of respondents cited strengthening the effectiveness of the supplementary investigation request system.

This was followed by improving the reinvestigation request system (58.7%), strengthening the Investigation Review Committee (47.2%), establishing a system for interviews with prosecutors (39.7%), and introducing an investigation human rights protection officer system (37.8%).

Conversely, regarding partial retention, 62.5% of respondents answered that it should be allowed only within the scope of maintaining the identity of the case.

Other opinions included allowing it when the legal deadline is imminent (43.6%) or limiting it to specific crimes (39.2%).

When it comes to allowing supplementary investigation rights, 64.9% of respondents believed that compulsory investigation should also be permitted, which is higher than the 35.1% who argued that only voluntary investigation should be allowed while prohibiting compulsory measures.

Regarding the restoration of the complete case transfer system, 43.2% of respondents expressed opposition, which was the most common response.

The introduction of a partial complete case transfer system (23.8%) and the full restoration of the complete case transfer system (23.6%) followed at similar levels, while opinions such as a conditional complete case transfer system (6.7%) also emerged, showing a divergence in views among members.

MINBYUN stated, "In the process of amending the Criminal Procedure Act, issues such as the prosecution's supplementary investigation rights and the complete case transfer system should be discussed solely from the perspective of realizing judicial justice, not political interests."

They further emphasized, "A precise system is needed to ensure that citizens' rights are firmly protected within the criminal justice process while realizing the task of the era: the separation of investigation and prosecution."
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.