What Lies Ahead After 'Abolition of Prosecutors' Investigative Powers'?... Dissolution of 9 Joint Investigation Headquarters Inevitable

[Anchor]

With prosecutors' investigative powers completely abolished, what will happen to the currently operating joint investigation headquarters between prosecutors and the police? While new forms of joint investigations are being discussed, experts point out that dissolution is inevitable under the revised Criminal Procedure Act framework.

Reporter Ha Jeongyeon has the details.

[Reporter]

During a government agency work report held at the presidential office the day before yesterday (the 5th), President Lee Jae-myung asked about the fate of the joint investigation headquarters between prosecutors and the police following the abolition of prosecutors' investigative powers.

[Lee Jae-myung / President: The various joint investigation units between prosecutors and the police operating up until now, does this mean they don't necessarily have to be dismantled?]

[Yun Ho-jung / Minister of the Interior and Safety: Yes, it is possible. Perhaps a joint investigation headquarters involving the Public Prosecution Office, the Major Crime Investigation Agency, and the police might be created....]

[Jung Sung-ho / Minister of Justice: The legal basis for their operation is very weak. It is practically non-existent.]

The Ministry of the Interior and Safety and the Ministry of Justice gave conflicting answers, but concerns had already been raised in the National Assembly prior to the revision of the Criminal Procedure Act.

[Kim Nam-hee / Democratic Party Lawmaker (June 29, National Assembly Legislation and Judiciary Committee plenary session): Since the basis for joint investigations between prosecutors and the police will disappear, maintaining the joint investigation headquarters after October may become difficult....]

[Jung Sung-ho / Minister of Justice (June 29, National Assembly Legislation and Judiciary Committee plenary session): I am of the view that they need to be sorted out before then.]

Initially, during early discussions within the ruling-leaning bloc, some lawmakers' drafts of the Criminal Procedure Act included a provision stating that "the Prosecutor General can establish a joint response headquarters with the approval of the Minister of Justice." However, it was dropped from the final bill amid controversy that it would effectively revive prosecutors' investigative command authority.

The prevailing view in the legal community is that participation in joint investigation headquarters by prosecutors who lack investigative powers under the revised Criminal Procedure Act would constitute illegal investigations and is thus impossible.

[Cha Jin-ah / Professor, Korea University School of Law: If (a defendant) argues, "This has no evidentiary admissibility," and further claims, "This is an illegal investigation, so this case must be dismissed," (the court will have no choice but to accept it.)]

Even a scheme where prosecutors participate solely in the role of legal advisors is expected to be practically unfeasible under the prohibitions on dispatch and the principle of separating investigation and prosecution.

[Yang Hong-seok / Attorney: In the case of prosecutors, by explicitly inserting provisions into the Criminal Procedure Act that strip away evidentiary admissibility, it is expected that the defendant's side will contest it 100 percent.]

There are currently 9 joint investigation headquarters in operation.

They are jointly investigating major livelihood-related crimes such as securities fraud, drug offenses, and voice phishing.

After the revised Criminal Procedure Act takes effect in October, they are facing dissolution within 90 days.

(Video Editing: Jang Hyun-ki, Design: Lee Jae-jun)
※ Please note: This article was translated by AI and may contain errors.