The Ministry of Justice prepared rules to reduce "case ping-pong" and investigative delays between prosecutors and police after the amended Criminal Procedure Act takes effect in October. To fill the gap caused by the abolition of prosecutors' authority to direct special judicial police officers, it also established cooperation rules that include prosecutors' authority to guide and advise.
The Ministry of Justice said on the 28th it will put a revision to the Rules on Mutual Cooperation between Prosecutors and Judicial Police Officers and General Investigation Standards, and a new enactment of the Rules on Mutual Cooperation between Prosecutors and Special Judicial Police Officers, on public notice for legislation until Oct. 4.
According to the Ministry of Justice, the revision to the investigation standards adds crimes against socially vulnerable people—such as sexual violence, child abuse, domestic violence, and stalking—and specialized cases such as finance, securities, fair trade, technology leakage, and maritime crimes to the "major cases," which are the main subjects of cooperation between prosecutors and judicial police officers.
To reduce repeated requests for supplementary investigations, judicial police officers must consult with prosecutors before notifying them of the results of supplementary investigations. Prosecutors must also present their opinions within seven days. To improve the completeness of implementing supplementary investigations, the "comprehensive investigation result report" submitted when notifying the results of supplementary investigations must include not only existing investigation results but also the evidentiary relationships, the progress of the supplementary investigation, and, if the investigation results have changed, the purport and reasons.
A management plan for the "supplementary investigation implementation period," under which prosecutors check whether police comply with the deadlines for carrying out supplementary investigations and notify the heads of their affiliated agencies, was also introduced.
If a serious case occurs, investigative agencies will form a joint investigation team, and the public prosecution office will designate a corresponding dedicated department or dedicated prosecutor so that prosecutors and the joint investigation team can cooperate in substance.
Non-referral decisions must specifically state the grounds for judgments on the complainant's legal and factual claims and the reasons for non-referral. This reflects criticism from victim groups that objections are difficult because the non-referral decisions lack specific content.
Even if the Prosecution Service is abolished on Oct. 2, cases among those referred in which the statute of limitations for indictment is imminent; cases in which a prosecutor requested arrest or detention warrants, or search, seizure, or inspection warrants for the body or residence; and cases in which suspects or criminal facts are interrelated and require unified case handling, may be investigated for 90 days after the amended law takes effect.
Cooperation rules for special judicial police officers were also prepared. Special judicial police officers are public officials at administrative agencies such as labor offices, customs, the National Tax Service, and the Ministery of Food and Drug Safety who crack down on and investigate crimes in their respective fields.
In principle, special judicial police officers must respect prosecutors' guidance and advice and reflect them in investigations, and if they do not comply with guidance and advice without justifiable reason, prosecutors may request supplementary investigations to address deficiencies or demand corrective measures to rectify investigative problems.
A basis was also established for the public prosecution office to conduct training to strengthen the investigative capacity of special judicial police officers and to prepare general guidance and advisory guidelines. In fields where special judicial police officers have expertise, they may form joint investigation teams with other investigative agencies and lead the investigation.
A basis was also established for the state and local governments to support budgets and the construction of criminal justice information systems for special judicial police officers and to secure talented personnel through preferential personnel measures.
The Ministry of Justice said, "During the public notice period, we will gather opinions from related agencies, experts, and the public, and swiftly complete the procedures to enact and revise the rules so the new criminal justice system can take hold."