President Lee Jae-myung on the 5th discussed an organization to replace the functions of the joint prosecution-police investigation headquarters, which is to be formed to swiftly investigate major cases even if prosecutors lose investigative authority under the revised Criminal Procedure Act. In the process, he also asked Ministers about prosecutors' investigative authority.
At a government briefing held that day at the Blue House state guesthouse, Lee said, "In the relationship between the prosecution and (the police), investigation and indictment will be clearly separated, and people are very worried," adding, "It is of course not a problem that will be 100% solved just because the prosecution conducts supplemental investigations, but the concern is growing because even that is disappearing."
Yoon Ho-jung, Minister of the Interior and Safety, reported measures prepared during the process of revising the Criminal Procedure Act to prevent first-phase investigations by the police or the Serious Crimes Investigation Agency from becoming shoddy.
◇ President Lee asks whether prosecutors are barred from investigations under the revised Criminal Procedure Act
Minister Yoon said, "Although the relationship between the prosecution and (the police) is not set, for major cases (the police can) request a joint cooperative investigation (from the Office of Prosecution)," he said. Minister of Justice Jung Sung-ho said, "The legal basis for operating a joint investigation headquarters is very weak. From our view, it is effectively nonexistent."
When President Lee asked, "If (prosecutors' investigations) are not prohibited, they can do it, right?" Minister Jung explained, "That's not the case. When an Office of Prosecution prosecutor participates in an investigation, there is an evidentiary admissibility issue (during trial), so they are barred from investigating."
Then President Lee asked, "I haven't read it, but under the revised Criminal Procedure Act, does it say prosecutors must not investigate?" Minister Jung said, "Yes. All legal grounds for any investigation have been removed."
When President Lee again asked, "Is it prohibited?" Vice Minister of Justice Lee Jin-su explained, "It is designed so that prosecutors do not fully exercise investigative authority. Going forward, if a prosecutor directly intervenes in an investigation, there could be controversy over unlawful investigation."
◇ Yoon Ho-jung: "Even the joint prosecution-police headquarters did not have a clear basis in the Criminal Procedure Act"
Minister Yoon said, "The establishment of joint prosecution-police investigation headquarters until now did not have a clear basis in the Criminal Procedure Act," adding, "Going forward, I think a joint investigation headquarters of Gongjung-gyeong (Office of Prosecution, Serious Crimes Investigation Agency, and police) will likely be created."
When President Lee asked, "Within that, will prosecutors refrain from direct investigation and instead play roles such as legal review, advice, and warrant review and applications?" Minister Yoon answered, "Yes." He then added, "They simply lack direct investigative authority, but they can express opinions regarding investigations."
Cho Won-cheol, head of the Ministry of Government Legislation, explained, "The Serious Crimes Investigation Agency will in effect perform the role formerly handled by the Supreme Prosecutors' Office's central investigation department, and where there are gaps, prosecutors at the Office of Prosecution will provide legal advice."
President Lee summed up the participants' remarks by saying, "It will become something similar to a joint (investigation) headquarters of the prosecution and police going forward. Even if prosecutors at the Office of Prosecution join, they will mainly advise and swiftly apply for warrants." He added, "During preparations for the Serious Crimes Investigation Agency, we also need to think in advance about how to operate the major joint headquarters currently in operation."
◇ Lee: "Listening to statements is still investigation"; vice minister of justice: "It is clearly defined as not investigation"
Vice Minister Lee, regarding the revised Criminal Procedure Act, said, "For cases the police do not send (the Office of Prosecution) will only receive the records. It is too difficult to decide (whether to request reinvestigation) based solely on records compiled for nonindictment, and there was no way before to grasp the substantive facts," he said. He added, "This time, a fact-check system has been introduced so statements can be heard, but it still falls short of investigation."
President Lee said, "Listening to statements is still investigation. It is investigating while pretending not to." Vice Minister Lee said, "It is clearly defined as not investigation. There is an explicit provision that materials for confirming facts can be used as evidence."
The revised Criminal Procedure Act passed the National Assembly's plenary session on the 31st under the lead of the Democratic Party of Korea. The government the day before, on the 4th, held a Cabinet meeting presided over by President Lee to deliberate and decide on promulgation bills including the revised Criminal Procedure Act.