"Despite Investigation Authority Adjustment, Prosecutors Review Police Non-Prosecution Cases for 90 Days... Excessive Control"

'Police Investigation and Criminal Policy' Academic Seminar
Professor Lee Ki-su "Efficiency of Criminal Procedures and Protection of Human Rights Must Be Realized"

'Academic Seminar on Police Investigation and Criminal Policy.'

[Asia Economy Reporter Lee Gwan-joo] Despite the police gaining primary authority to conclude investigations through this year's investigative authority reform, there are claims that the current system?where the prosecution reviews all cases closed without indictment for 90 days and must take over the case if the involved parties file an objection?is inappropriate.

At the joint online academic seminar on "Police Investigation and Criminal Policy" held on the 22nd by the National Police Agency and the Korean Criminal Policy Association, Professor Lee Ki-soo of Chonnam National University, who presented on "Procedural Control Measures for Non-Indictment Decisions," pointed out, "It is excessive for the prosecution to review all cases dismissed by the police for 90 days even after the investigative authority adjustment."

Professor Lee stated, "This disregards the purpose of granting the police the authority to conclude investigations through the investigative authority adjustment and contradicts the pursuit of efficiency in criminal procedures that Western advanced countries have aimed for. Ignoring all internal and external control measures of the police and assuming that only the prosecution can exercise control is an expression of 'prosecutorial supremacy' or 'prosecutorial omnipotence,'" criticizing the current system.

He further proposed excluding complaint and accusation cases, which can be sufficiently controlled through objections, from the cases forwarded to the prosecution, and also excluding minor offenses from the prosecution's 90-day review. He emphasized, "The greatest purpose of prosecution reform and investigative authority adjustment is to separate investigation and prosecution in principle within criminal procedures and to enable the prosecution and police to operate as equal partners with mutual checks and balances under democratic principles. We must seriously examine the problems of control measures over police non-indictment decisions and improve the system to appropriately realize the dual values of procedural efficiency and human rights protection."

The seminar also featured active discussions on strengthening capabilities such as the independence of the National Investigation Headquarters and the expertise of investigative police. Professor Oh Byung-doo of Hongik University stated, "The National Investigation Headquarters was established to strengthen the independence and fairness of investigations, and in the long term, the abolition of direct investigations by the prosecution and the establishment of a National Investigation Agency to incorporate direct investigation personnel should be considered." Senior Researcher Kim Han-gyun of the Korea Institute of Criminology and Justice argued, "To transform into a truly human rights-oriented police force, improvements in police investigative capabilities are necessary. This requires not only the introduction of equipment and personnel but also the enhancement of public accountability, expertise, legal awareness, and increased public trust through the protection of socially vulnerable groups."

The National Police Agency stated that it will identify necessary improvements for the development of police investigations based on the measures discussed at this seminar and strive to complete a desirable investigative system where the police and prosecution cooperate to protect citizens' human rights. In his congratulatory remarks, Commissioner General Kim Chang-ryong said, "With the investigative authority reform, the police have become responsible as the authority to conclude investigations, and accordingly, efforts are being made to establish the National Investigation Headquarters, build cooperative relationships, implement a triple review system, and expand human resources. We will continue follow-up measures so that the public can feel the benefits of the investigative system reform."

This content was produced with the assistance of AI translation services.