Prosecutor General's Office: "Criminal Procedure Act and Prosecutors' Office Act Proposed by Democratic Party Clearly Unconstitutional"

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[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] On the 15th, as the Democratic Party of Korea proposed amendments to the Criminal Procedure Act and the Prosecutors' Office Act containing the content of 'Geomsu Wanbak (Complete Removal of Prosecutorial Investigation Authority),' the Supreme Prosecutors' Office expressed the position that it is 'clearly unconstitutional.'

That afternoon, the Supreme Prosecutors' Office stated in a press release sent to the press corps, "After reviewing the proposed amendments to the Criminal Procedure Act and the Prosecutors' Office Act submitted to the National Assembly, the concerns we had were confirmed."

The Supreme Prosecutors' Office pointed out, "The so-called ‘Geomsu Wanbak’ bill monopolizes all criminal investigations by the police, and prosecutors are limited to reviewing only the records investigated by the police. If there is insufficient evidence, the case is sent back to the police, and if there is evidence, the prosecutor's role is limited to filing charges with the court."

They continued, "This directly contradicts Article 12, Paragraph 3, and Article 16 of the Constitution, which define prosecutors as the authority to request warrants and as the main investigative body, making it clearly unconstitutional."

The Supreme Prosecutors' Office expressed concern, stating, "If this bill is enacted, cases will be repeatedly transferred between the prosecution and the police, resulting in numerous acquittals in court due to poor prosecution. Wealthy and powerful criminals will be relieved as they receive assistance from their lawyers to avoid punishment, while crime victims and the public will suffer more due to prolonged cases and inadequate recovery of damages."

Additionally, the Supreme Prosecutors' Office added, "Especially since this bill is crucial to protecting the life, safety, bodily freedom, and property of the people, rushing to complete all legislative procedures within just two weeks without sufficient discussion may constitute a violation of the constitutional due process."

Finally, the Supreme Prosecutors' Office announced, "The Prosecutor General will attend the National Assembly's Legislation and Judiciary Committee's urgent inquiry session on Monday, the 18th, to provide detailed answers regarding the specific contents."

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