The Corruption Investigation Office reviews rules on 'cases referred to police, investigation followed by transfer'
[Asia Economy Reporter Baek Kyunghwan] The High-ranking Officials' Crime Investigation Agency (HCIA) is reportedly considering a plan to transfer criminal cases involving judges, prosecutors, and police officers of rank Gyeongmugwan or higher to the police for investigation, and then have all cases sent back to the HCIA once the investigation is complete. This is interpreted to mean that even if cases are referred to the police, the HCIA will decide whether to prosecute.
According to the legal community on the 30th, the HCIA has recently prepared procedural rules reflecting this content and is gathering opinions from related agencies.
The HCIA Act allows the HCIA to file prosecutions for cases involving judges, prosecutors, and police officers of rank Gyeongmugwan or higher. However, it is still unclear whether the prosecution authority is maintained for cases transferred to the police or prosecution service. Accordingly, the HCIA is exchanging opinions through a 'tripartite consultative body' involving the prosecution and police.
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Additionally, the procedural rules reportedly include a provision that when the police investigating judges, prosecutors, or police officers of rank Gyeongmugwan or higher apply for warrants, they must go through HCIA prosecutors. However, this is also currently under consultation with related agencies.
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