Criminal Procedure Act Amendment Abolishing Prosecutor’s Supplementary Investigation Rights Passes Legislation Committee Led by Democratic Party

People Power Party Walks Out, Refuses to Participate in Vote

An amendment to the Criminal Procedure Act, which fully abolishes the prosecutor’s supplementary investigation rights, was passed on July 29 by the Legislation and Judiciary Committee of the National Assembly, led by the Democratic Party of Korea.

At the plenary session of the Legislation and Judiciary Committee held at the National Assembly on the 29th, lawmakers from the People Power Party opposed the processing of the amendment to the Criminal Procedure Act, which mainly abolishes the prosecutor's supplementary investigation rights, and walked out. Photo by Yonhap News

The Legislation and Judiciary Committee held a plenary session at the National Assembly in Yeouido that day and approved the amendment to the Criminal Procedure Act centered on abolishing the prosecutor’s supplementary investigation rights. In protest against the passage of the amendment, the People Power Party did not participate in the vote and walked out.

The amendment prohibits prosecutors from conducting direct investigations, including supplementary investigations, and instead allows prosecutors to request supplementary investigations from judicial police officers.

When the police receive a request for supplementary investigation from a prosecutor, they must complete the investigation within one month. If completion within the period is not feasible, a one-month extension is permitted.

To protect victims, the amendment allows not only the complainant and the victim but also the accuser to file objections to police decisions not to refer a case. It also grants the right to access and copy necessary case records for such appeals.

The amendment also mandates the digitalization of all investigation records, which must be entered into the Korean Integrated Criminal Justice Information System (KICS), and requires prosecutors to maintain objectivity and neutrality when initiating and maintaining prosecutions, as well as to take necessary measures to safeguard the legitimate interests of suspects or defendants.

In addition, the amendment adds new grounds for summary dismissal of indictments in cases where charges are brought based on a seriously unlawful investigation or where the right of prosecutorial discretion has been grossly abused.

Earlier in the day, the Legislation and Judiciary Committee convened an agenda adjustment committee at the demand of the People Power Party to discuss the amendment, but with support from the Democratic Party and allied committee members, the bill was referred to the plenary session.

The Democratic Party plans to process the amendment at the plenary session on July 30, while the People Power Party has announced its intention to respond with a filibuster (unlimited debate).

This content was produced with the assistance of AI translation services.