Prosecutors' Separate Investigations Will Require Approval from Chief Prosecutors and Prosecutor General Going Forward

Guidelines for Separation of Investigative Entities Without Separate Approval

Seoul Seocho-gu Supreme Prosecutors' Office [Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] On the 24th, Cho Nam-gwan, Acting Prosecutor General, announced at an expanded executive meeting the implementation of the "Guidelines on Handling Investigation Clues of Separate Crimes Discovered During Direct Prosecution Investigations," which contain provisions to limit separate investigations that have been criticized as improper investigative practices by the prosecution.

According to the guidelines, if a prosecutor discovers clues of a separate crime while investigating the main crime and intends to start an investigation, the clues must be objective and the discovery process must be lawful. After undergoing inspection by the affiliated office's Human Rights Protection Officer, approval from the Chief Prosecutor must be obtained, followed by reporting to the Prosecutor General for further approval. Additionally, unless separately approved, the investigation departments for the main case and the separate case must be kept separate.

The Supreme Prosecutors' Office expressed expectations that the establishment of these guidelines "will guarantee the suspect's right to defense and enhance the fairness of prosecution investigations by stipulating reporting and approval procedures for handling separate investigations." They added, "We will continue to strive to ensure that human rights-centered investigative practices are firmly established in direct prosecution investigations." The new guidelines will take effect from the 25th.

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