Ministry of Justice Announces Legislation for Prosecutors to Conduct Direct Investigations When the Real Culprit Is Found in Police-Transferred Cases
[Asia Economy Reporter Kim Hyung-min] When the true culprit is discovered during the process after a case has been investigated by the police, transferred to the prosecution, and the investigation continues or the indictment is maintained, a legal basis will be established allowing the prosecution to conduct a direct investigation.
On the 12th, the Ministry of Justice announced a legislative notice for a partial amendment to the enforcement rules of the "Regulations on the Scope of Crimes for Prosecutors' Investigation Initiation," which includes this provision.
The newly established clause allows the prosecution to consider the crime of the true culprit as a "crime transferred by the judicial police officer" and conduct a direct investigation when initiating an investigation into the true culprit related to a crime transferred by the judicial police officer.
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According to the Ministry of Justice, there had been some confusion in certain prosecution offices about whether to request supplementary investigations or conduct direct investigations when the true culprit was discovered after police transfer. The Ministry explained that it revised the system by gathering opinions from the field to resolve this issue.
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