Military Prosecution Prohibited from Conducting Investigations After 9 PM
[Asia Economy Reporter Yang Nak-gyu] From now on, military prosecutors will not be allowed to conduct investigations after 9 p.m. This is because the "Regulations on the Protection of Human Rights in Military Investigation Procedures," which strengthen the protection of the human rights of those involved in cases, have been completely revised.
According to the revised regulations effective from the 1st, long investigations exceeding 12 hours by military investigative agencies or late-night investigations starting from 9 p.m. are restricted. Late-night investigations are only allowed in exceptional cases with the request of the investigation subject and the approval of the head of the military investigative agency.
Civilian prosecutors announced last October that investigations after 9 p.m. would only be permitted in exceptional cases approved by human rights officers at each prosecution office.
Separate investigations aimed at pressuring suspects and unnecessary investigation delays are also prohibited. Separate investigations refer to an investigative method where investigative agencies investigate unrelated cases while uncovering specific criminal suspicions to reveal the originally intended criminal charges.
During searches and seizures, the suspect's opportunity to participate is guaranteed, and explanations regarding the necessity of seizure are also mandated. At the investigation stage, not only suspects but also persons under investigation, victims, and witnesses can request the participation of legal counsel. There is also the possibility to record the contents of the investigation without special restrictions.
Details of criminal cases are prohibited from being disclosed until the trial is finalized unless otherwise stipulated by other laws. However, exceptional disclosure is allowed for important cases even before prosecution is initiated.
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A military official explained, "These standards were established to guarantee the honor, privacy, portrait rights, and the right to a fair trial of those involved in cases, as well as to fulfill the public's right to know."
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