A bill to amend the Criminal Procedure Act that bans prosecutors from conducting direct investigations passed The National Assembly's Legislation and Judiciary Committee on the 29th, led by the pro-ruling bloc. The bill is expected to pass the plenary session on the 30th.
At a full meeting in the afternoon, the Legislation and Judiciary Committee passed the Criminal Procedure Act amendment bill with this content, led by the pro-ruling bloc including the Democratic Party of Korea.
The amendment bans all direct investigations by prosecutors, including supplementary investigations. Instead of the authority to conduct supplementary investigations, prosecutors will have the authority to request supplementary investigations from judicial police officers. Police must conduct supplementary investigations within one month at the prosecutor's request. If it is difficult to complete the investigation within that period, it can be extended by one month.
Complainants, accusers, and victims can file an objection to a police decision not to refer a case. They are also granted the authority to view and copy case records necessary for the objection. All investigation materials will be digitized, and the content includes entering them into the Korea Information System of Criminal justice Services (KICS).
Grounds for a court's dismissal of indictment were also added. Unlike the withdrawal of indictment exercised by a prosecutor before a first-instance ruling, dismissal of indictment can be made by the court in the second and third instances as well. The Democratic Party added as grounds for dismissal of indictment when "an indictment is filed based on a seriously unlawful investigation" and when "an indictment is filed in a marked departure from the discretion to prosecute."
Legislation and Judiciary Committee Chair Seo Young-kyo said right after the bill passed, "It is a historic day. The Criminal Procedure Act amendment adjusted procedures in the investigation process, protected victims, and included content to firmly punish offenders," adding, "It allows offenders to be punished through prosecutors' requests for supplementary investigation to the police rather than prosecutors investigating themselves."
The People Power Party objected to the passage of the bill. Park Hyeong-soo, a People Power Party lawmaker who serves as the opposition party secretary on the Legislation and Judiciary Committee, said during debate, "The reason the authority for supplementary investigations was kept is because it functions as a chance to take another look when a victim or a suspect says they have been wronged," adding, "A mere request for supplementary investigation does not suffice, which is why people say the authority to conduct supplementary investigations should remain."