What Changes When the Police-Prosecutor Investigation Authority Is Processed?

Police Close Case if 'No Charges'
Limitations on Evidence Power of Suspect Interrogation Records by Prosecutors
"An Opportunity to Establish Trial-Centered Principle"

Speaker Moon Hee-sang is meeting with Lee In-young, floor leader of the Democratic Party of Korea, Shim Jae-cheol, floor leader of the Liberty Korea Party, and Lee Dong-seop, acting floor leader of the Bareunmirae Party, along with other floor leaders of negotiation groups at the National Assembly on the 13th. The National Assembly plans to hold a plenary session that day to attempt the passage of the Police and Prosecutor Investigation Authority Adjustment Act, the Kindergarten 3 Acts, and the appointment consent bill for Prime Minister nominee Chung Sye-kyun. Photo by Yoon Dong-ju doso7@

[Asia Economy Reporter Lee Gwan-joo] The prosecution-police investigation authority adjustment bill, expected to pass the National Assembly plenary session on the 13th, signals a significant change from the public's perspective. While the High-ranking Officials' Crime Investigation Office (Gongsoocheo) targets high-ranking officials, the adjustment of investigation authority will have a profound impact on the daily lives of ordinary citizens. The most important change is the transfer of the 'authority to conclude investigations' from the prosecution to the police. This is expected to activate the appointment of defense attorneys during the police investigation stage and shift the center of the criminal justice system from the prosecution to the courts.

Until now, the police have investigated specific cases and then forwarded the details to the prosecution. The structure has been such that the prosecution decides on the 'most important' matters, such as whether to punish the case or refer it to trial. However, from now on, if the police judge a case as 'no charges,' they will be able to conclude the case as is. Of course, if the parties involved (complainants or accusers) disagree with the police's decision, the case will be forwarded to the prosecution.

Accordingly, the appointment of defense attorneys during the police investigation stage is expected to become more active. Until now, even if questioned by the police, suspects tended to select defense attorneys based on the prosecutors in charge who have the authority to prosecute, since they would be questioned again by the prosecution. However, if a complainant or accuser receives a no-charge disposition from the police, there will be no need for prosecution investigation. This makes early response during the investigation stage more important.

The inconvenience of undergoing 'double investigations' from the police to the prosecution will also decrease. Among cases forwarded by the police to the prosecution with a recommendation of non-prosecution, only 0.55% are changed to prosecution decisions by prosecutors. Simply put, the exercise of the police's authority to conclude investigations could resolve the unstable status of 500,000 people annually at an early stage.

The change limiting the legal evidentiary power of the 'suspect interrogation records (Pisinjoseo)' prepared by prosecutors is also significant. Until now, the investigative structure established the formula 'confession during prosecution investigation = guilt.' However, going forward, if the defendant contradicts what was said during the prosecution investigation in court, the Pisinjoseo containing the confession will no longer be recognized as evidence. From the perspective of investigative agencies, they will need to secure objective evidence beyond confessions to prove guilt. Professor Lee Woong-hyuk of Konkuk University's Department of Police Science evaluated this as "a step toward an advanced criminal justice system based on 'trial-centeredness.'"

The investigation authority adjustment bill defines the relationship between the prosecution and police as 'cooperation' rather than 'command.' However, there are many concerns about side effects such as violations of citizens' human rights as the police, which have the strongest intelligence capabilities among power institutions, break free from prosecution control. The possibility that the police might overlook or conceal investigations related to the government is the biggest concern of those opposing the current investigation authority adjustment.

The investigation authority adjustment bill stipulates that the enforcement date will be set by presidential decree six months after promulgation, making it likely to be implemented within this year. The limitation on the evidentiary power of prosecutors' Pisinjoseo will be implemented within four years according to a separate presidential decree.

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