An amendment to the Criminal Procedure Act banning prosecutors from conducting direct investigations passed the National Assembly's plenary session under the lead of the Democratic Party of Korea. The criminal justice system was completely overhauled for the first time in 72 years since 1954.
On the 31st afternoon, the National Assembly held a plenary session and approved the amendment to the Criminal Procedure Act with 175 in favor, 2 against and 1 abstention out of 178 lawmakers present. The People Power Party, which had launched a filibuster (a lawful obstruction through unlimited debate) in opposition to the amendment, did not take part in the vote.
The amendment includes a ban on all direct investigations by prosecutors, including supplementary investigations. Instead of the power to conduct supplementary investigations, prosecutors are granted the authority to request supplementary investigations from judicial police officers, and the police must complete the supplementary investigation within one month at the prosecutor's request. However, if it is difficult to finish the investigation, it may be extended by one month.
Complainants, accusers and victims may file an objection to a police decision not to refer a case. They are also granted the authority to inspect and copy case records necessary for filing an objection. All investigative materials will be digitized, and entering them into the Korea Information System of Criminal Justice Services (KICS) is also included.
For the grounds for a judgment dismissing prosecution under Article 327, the Democratic Party specified the additions of "when prosecution is brought based on a materially unlawful investigation" and "when prosecution is brought with a marked departure from the discretion to indict." A dismissal of prosecution may be rendered by the bench not only at first instance but also on appeal and at the Supreme Court.
In the vote, Kwak Sang-eon of the Democratic Party and Lee Ju-young of the Reform Party voted against, and Lee So-young of the Democratic Party abstained. Representative Kwak has consistently expressed opposition as the Democratic Party discussed amending the Criminal Procedure Act.
Right after the amendment passed the plenary session, Representative Kwak wrote on Facebook, "The people's pain that is soon to come is visible to the eye and the people's tears are audible to the ear, so there is no other choice."
The People Power Party urged President Lee Jae-myung to exercise the right to request reconsideration (veto). People Power Party floor leader Jeong Jeom-sik said, "(The amendment) is a tailored bill for President Lee, who is, by any standard, in a suspended-trial status," adding, "If you do not want to bear the disgrace of the 'Lee Jae-myung jailbreak law,' exercise the right to request reconsideration."