Another Lee Jae-yong Case Going to the Prosecution Review Committee... Citizens Put a Brake on the Investigation
Prosecution Citizens' Committee Accepts Lee Jae-yong's Request to Convene Prosecution Review Committee
"No Illegal Propofol Use. Ask the Public About the Validity of Indictment," Claims
[Asia Economy Reporter Kim Hyewon] The allegations of illegal propofol administration involving Samsung Electronics Vice Chairman Lee Jae-yong have been handed over to the Prosecutors' Investigation Deliberation Committee after more than a year of investigation. Lee’s side, which has completely denied the illegal administration, requested that external experts fairly assess whether to indict, judging that the prosecution's investigation is excessive.
On the 11th, the Seoul Central District Prosecutors' Office Citizens' Committee held a sub-deliberation meeting and resolved to accept the request to convene the Supreme Prosecutors' Office Prosecutors' Investigation Deliberation Committee regarding the illegal propofol administration allegations filed by Lee’s side. The Prosecutors' Investigation Deliberation Committee is a system that reviews the investigation process and evaluates the legality of investigation results in cases where public suspicion is raised or social attention is focused. It recommends to the prosecution whether to continue the investigation, whether to indict, and whether to request an arrest warrant. Accordingly, the Supreme Prosecutors' Office will soon convene the committee to review the claims of both the investigation authorities and Lee’s side.
Within the legal and business communities, the decision by the Prosecutors' Citizens' Committee is seen as recognizing a certain validity in Lee’s side’s consistent denial of the charges that "illegal administration did not occur." Since the allegations first surfaced in February last year, Lee’s side has rebutted, stating, "In the past, treatment was received based on the professional opinion of a doctor at a hospital, and although there were unavoidable home visits due to personal circumstances, the allegations of illegal administration are completely untrue."
The prosecution has conducted an investigation for over a year but is reported to have failed to secure evidence sufficient to prove the charges. In this situation, with the Prosecutors' Citizens' Committee deciding that the Prosecutors' Investigation Deliberation Committee should objectively judge whether to continue or halt the investigation and whether to indict, Lee’s side is evaluated to have gained a favorable position. This suggests that the committee has somewhat accepted that the investigation into Lee was excessively conducted.
Some in the legal community express concern over the prolonged investigation exceeding one year despite the absence of evidence proving the suspect’s illegal allegations. Kang Shin-up, a lawyer at Hana Law Firm, said, "The longer the investigation period, the more it adversely affects the right to defense and psychological state, potentially causing the suspect to suffer so-called ‘double punishment.’ For the protection of human rights, the prosecution should conduct investigations swiftly and conclude cases promptly."
This is the second time Lee’s side has requested the Prosecutors' Investigation Deliberation Committee to assess the appropriateness of indictment. Lee’s side and the committee first connected last year regarding the allegations of the Cheil Industries-Samsung C&T merger and Samsung Biologics accounting fraud. At that time, the committee recommended non-prosecution and suspension of investigation for Lee and others. Among the 13 committee members, 10 agreed that Lee’s side’s claims were valid, but the prosecution ignored this and proceeded with indictment, which backfired.
Lee’s side’s use of the Prosecutors' Investigation Deliberation Committee card again in the propofol illegal administration case is also interpreted as an attempt to pressure the prosecution, which has repeatedly denied its own system. The legal community anticipates that if the committee again accepts Lee’s side’s claims and recommends halting the investigation, it will be difficult for the prosecution to ignore the recommendation once more.
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An anonymous lawyer in Seocho-dong said, "In similar cases, investigations tend to conclude relatively early, but Lee’s case has a tendency to prolong," adding, "According to the Criminal Procedure Act, it seems necessary to conclude as quickly as possible." The Criminal Procedure Act stipulates that prosecutors must complete investigations within three months when investigating crimes based on complaints or accusations and decide whether to file charges. The lawyer added, "Since the investigation deliberation committee is a system created by the prosecution itself, its conclusions should be respected as much as possible."
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