“Proposed Amendment to Criminal Procedure Act Abolishing Prosecutors’ Direct Investigative Powers Approved by Cabinet”

Investigative Authority Unified Under Police
Prosecutors to Focus on Filing and Maintaining Prosecutions
Video Recording of Coercive Investigations and New Procedure for Complainant Objections Introduced
Presidential Decree on the Special Act for

A bill to amend the Criminal Procedure Act—abolishing prosecutors' authority to directly investigate cases and consolidating investigative powers under judicial police officers—passed the Cabinet meeting on August 4. Going forward, prosecutors will focus on filing and maintaining indictments, rather than conducting direct investigations. This marks the beginning of formal promulgation procedures for an overhaul of the criminal justice system, which has been a key initiative of the Lee Jaemyung administration to separate investigative and prosecutorial functions and advance prosecutorial reform.

President Lee Jae-myung is speaking at the Cabinet meeting held at the Blue House on August 4, 2026. Photo by Yonhap News.

On this day, the government, presided over by President Lee Jaemyung, held the 34th Cabinet meeting, where it deliberated and resolved 25 bills for promulgation—including the partial amendment bill of the Criminal Procedure Act—as well as 12 presidential decrees and 4 general agenda items.

The core of the Criminal Procedure Act amendment is the abolition of prosecutors' direct investigative authority via detection of cases and the consolidation of the investigative role under judicial police officers. Prosecutors will handle indictment and prosecution maintenance work.

The grounds and procedures for prosecutors to exercise the right to request supplemental investigations from the police have also been refined. The procedures for the police to implement supplemental investigations, report results, and request extension periods were specified to minimize possible delays in case processing and gaps in responsibility that might arise following the separation of investigation and prosecution.

In cases where human rights violations or other issues occur during a police investigation and prosecutors' corrective orders are disregarded, prosecutors may now require that the case, in addition to being referred, also be transferred to another investigative agency. There is now also a provision specifying grounds and deadlines for prosecutors to demand reinvestigation when the police's decision not to refer a case is unlawful or unjustified.

Mechanisms to safeguard the rights of crime victims and those involved in cases are also being strengthened. The process allows for video recording of compulsory investigation processes and introduces a procedure whereby a complainant or others can formally challenge a police investigation outcome. The abolition of prosecutors' direct investigative authority is accompanied by new measures for procedural oversight of police investigations and protection for victims.

The government classified this amendment as a key legislative task to "complete prosecutorial reform through the separation of investigation and prosecution." Previously, the Blue House emphasized respect for the legislative process and for the final judgment of the National Assembly, stating, "This will be an opportunity to prevent the monopolization and abuse of power and to raise the standard of human rights protection for victims and the broader public."

At the Cabinet meeting, an amendment to the Act on Welfare of Persons with Disabilities was also approved, raising the maximum administrative fine for those who fail to report abuse or sexual crimes against people with disabilities from 3 million won to 10 million won.

The Cabinet also passed an amendment to the Building Act mandating regular inspections of illegally altered buildings and requiring that interior finishing materials in building basement parking lots be fire-resistant. Additionally, height restrictions for buildings to secure sufficient daylight must now be stipulated directly in the law rather than via executive orders.

The government approved a follow-up presidential decree for the Special Act on Strengthening and Supporting the Competitiveness of the Semiconductor Industry, which comes into effect on August 11. The decree contains procedures for establishing the Basic Plan to Strengthen Semiconductor Industry Competitiveness and criteria for designating and supporting semiconductor clusters.

The Cabinet also passed a decree under the Credit Information Act so that debt adjustment institutions can receive public institution data necessary for assessing the repayment capabilities of debtors, as well as a decree under the Village Enterprise Act that details designation requirements and support procedures for village enterprises.

During the Cabinet meeting, the ministries also reported on the outcomes and follow-up measures from President Lee's visit to San Francisco and three South American countries, the government's emergency response to the Middle East war and its ongoing national security management, measures to address the ongoing heatwave and drought, and initiatives to enhance the fairness of police investigations.

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