Revision of Criminal Procedure Act to Abolish Prosecutors' Supplementary Investigation Authority Also Includes Expanded Grounds for Dismissal of Indictment

It has been confirmed that the amendment to the Criminal Procedure Act, which passed the Legislation and Judiciary Committee's Sub-committee No. 1 for Bill Examination led by the pan-ruling parties last night, includes provisions to expand the grounds for the dismissal of an indictment.

The judiciary subcommittee processed the amendment to the Criminal Procedure Act—which abolishes the prosecution's supplementary investigation authority—led by pan-ruling party lawmakers yesterday (the 28th), amid a boycott by lawmakers belonging to the People Power Party.

The revised Criminal Procedure Act that passed the subcommittee is known to contain provisions widening the grounds upon which courts can issue a decision to dismiss an indictment.

While the current Criminal Procedure Act allows courts to dismiss an indictment only when there is no jurisdiction over the defendant, when there is a double indictment by the prosecution, or when the indictment procedure violates legal provisions and is thus invalid, the amendment newly establishes additional grounds.

The amendment expands the grounds for dismissal by adding "when an indictment is filed through a severely unlawful investigation" and "when an indictment is filed in significant deviation from prosecutorial discretion."

Provisions clarifying the "objective obligations of prosecutors" were also included in the bill.

The provision states that "prosecutors must maintain objectivity and neutrality in the process of instituting and maintaining public prosecutions, and take necessary measures for the interests of suspects and defendants," more specifically stipulating in the Criminal Procedure Act the duties of prosecutors previously outlined in Article 4 of the Prosecutors' Office Act.

In addition, Article 196 of the current law, which stipulates that "when a prosecutor deems that there is a suspicion of a crime, the prosecutor shall investigate the entity, criminal facts, and evidence," was completely deleted.

While arguments had been raised that entirely deleting the provision on prosecutors' investigation authority could pose unconstitutional elements given that the constitutional right to request warrants is explicitly granted to prosecutors, the ruling party concluded after discussions that there was no problem.

Seemingly mindful of external criticism that relying solely on the authority to request supplementary investigation makes it difficult to uncover the truth, the ruling party also newly established a "fact-checking by prosecutors" provision.

This provision specifies that prosecutors may listen to statements or expert opinions from persons involved in the case, such as suspects and victims.

However, the bill also explicitly includes a proviso stating that "statements or opinions secured through this process cannot be used as evidence in court."

The Democratic Party plans to pass this bill in the plenary meeting of the Legislation and Judiciary Committee today (the 29th) and complete the processing of the amendment to the Criminal Procedure Act by holding a plenary session tomorrow (the 30th).

If the People Power Party requests a filibuster (unlimited debate) at tomorrow's plenary session (the 30th), the amendment is expected to pass on the 31st.

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.