The criminal case trial procedure for changing the trial division will be simplified. Previously, when the defense requested it, the court had to play back all previous trial recording files, which was sometimes abused to delay the trial. Under the new rule, the trial division can proceed with the trial renewal process by reviewing the transcripts. The new rule will apply to the criminal trial of Lee Jae-myung, leader of the Democratic Party of Korea, and is also expected to apply to the impeachment trial of President Yoon Suk-yeol at the Constitutional Court.
The Supreme Court announced some amendments to the Criminal Procedure Rules through the electronic gazette on the 28th. A notable provision in this amendment is Article 144, which stipulates the 'renewal procedure for the trial process.' This article has been newly established, stating that 'investigation can be conducted by reviewing the transcripts or notifying both parties without having to listen to all the recording files.'
Previously, if the defendant requested the new trial division to listen to the transcripts, all previously recorded witness statements had to be played back. Some defendants deliberately abused the trial renewal process to delay the trial.
The new rule allows the trial renewal process to be conducted without having to listen to the entire recording file when the trial division is changed, by simply reviewing the transcripts. If, during the investigation of the transcripts, the prosecutor, defendant, or attorney raises objections regarding discrepancies between the transcript and the content of the recording, they will be allowed to listen to parts of the recording.
The new rule is implemented immediately and applies to all ongoing criminal cases in the current court. This includes the 'Daejang-dong, Wirye, Seongnam FC, and Baekhyun-dong' case of Lee Jae-myung, leader of the Democratic Party of Korea, which requires the renewal process due to the change of the presiding judge.
The Constitutional Court is also expected to be affected by the new amended rules. The Constitutional Court Act stipulates that criminal procedure laws must be applied during impeachment trials. If candidate Ma Eun-hyuk is appointed and joins the impeachment trial of President Yoon Suk-yeol, he will not have to listen to all 11 sessions of the arguments according to the simplified renewal procedure.