Police Submit Opinion to Supreme Court... "Oppose In-Person Hearing for Search Warrants"
Prosecutors Oppose In-Person Warrant Hearings at the Corruption Investigation Office
Following the Supreme Prosecutors' Office and the Corruption Investigation Office for High-ranking Officials (CIO), the police also expressed opposition to the in-person hearing system before the issuance of search and seizure warrants.
On the 10th, the National Police Agency announced that it had submitted an opinion letter containing these views to the Court Administration Office under the Supreme Court the previous day.
The National Police Agency explained, "If suspects or informants are interrogated before the issuance of a search and seizure warrant, investigation details may be leaked or the identity of whistleblowers may be exposed," adding, "This could undermine the confidentiality of the investigation and hinder its promptness." Furthermore, they stated, "Since this is an important matter concerning compulsory investigation procedures, it should be stipulated in the Criminal Procedure Act rather than in subordinate regulations such as the Criminal Procedure Rules."
On the 8th of last month, the Supreme Court announced a legislative notice for an amendment to the Criminal Procedure Rules allowing judges to conduct in-person hearings before issuing search and seizure warrants. This amendment also includes provisions to guarantee the right of suspects subject to search and seizure to make statements and to specify the requirements for electronic information search and seizure.
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However, the Supreme Prosecutors' Office and the CIO also expressed opposition to the system on the 7th for reasons similar to those of the National Police Agency. It is reported that the Court Administration Office mentioned at a nationwide court chief meeting held the previous day that it is considering limiting the subjects of in-person hearings to "investigative agencies" or "third parties designated by investigative agencies" in response to such opposition.
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