Supreme Court Warns Revised Criminal Procedure Act Could Lengthen Trials, Calls for Detention Period Adjustments

Regarding the revision of the Criminal Procedure Act that completely abolishes direct investigations by prosecutors, the Supreme Court has stated that trial durations could increase, highlighting the need to discuss institutional improvements such as adjusting detention periods.

The National Court Administration submitted an opinion document concerning the Criminal Procedure Act revision to the office of People Power Party lawmaker Joo Jin-woo today (July 31).

The National Court Administration explained, "If evidence investigations and trial deliberations in the courtroom become even more substantive due to the revision of the Criminal Procedure Act, the duration of deliberations could increase."

It added, "There are points out that the current detention period system has limitations in balancing substantive deliberations with the guarantee of the defendant's right to defense," and noted, "Legislative discussions are also needed to improve the personal detention system, such as rationally adjusting detention periods or introducing conditional detention and release systems."

Under current law, the detention period for the first and second instances is limited to a maximum of six months, meaning the system needs adjustments in preparation for prolonged trials.

The National Court Administration stated, "The court's principle of conducting fair and substantive deliberations based on evidence submitted to the courtroom remains unchanged under any system," adding, "We will do our best to ensure the procedural rights of defendants are guaranteed and that we do not neglect uncovering the substantive truth."

The revised Criminal Procedure Act processed at the National Assembly today (July 31) includes contents such as completely separating investigation and indictment to abolish prosecutors' direct investigative powers.

It also includes provisions adding serious unlawful investigations or significant deviations in prosecutorial discretion as grounds for dismissing indictments.

(Photo: Yonhap News)
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