1 of 2 | The Supreme Prosecutors’ Office in Seoul. Photo by Asia Today
Aug. 28 (Asia Today) — South Korea’s Justice Ministry proposed new investigative rules Friday aimed at preventing gaps in criminal investigations when prosecutors lose their authority to directly investigate cases under a major restructuring taking effect Oct. 2.
The rules are designed to prevent cases from repeatedly moving between police and prosecutors and to reduce the risk of incomplete investigations after the separation of investigative and prosecutorial functions.
The Justice Ministry issued advance notice of revisions to investigative guidelines and proposed new cooperation rules for special judicial police officers.
The proposals were developed in consultation with relevant agencies, including prosecution authorities, a preparatory group for the Serious Crimes Investigation Agency, the National Police Agency and Korea Coast Guard.
The ministry said its priorities include protecting crime victims, making supplementary investigation requests more effective, strengthening cooperation between prosecutors and police, maintaining judicial oversight of investigative authority and protecting the rights of people involved in criminal cases.
Under the revised system, prosecutors will no longer be able to conduct supplementary investigations themselves and instead will be limited to asking investigators to carry out additional work.
Police would be required to consult prosecutors before reporting the results of a requested supplementary investigation.
Prosecutors would have seven days to provide an opinion after receiving a consultation request.
The provision is intended to reduce repeated requests for additional investigation after police return cases to prosecutors.
Reports accompanying supplementary investigation results also would have to provide more detail, including the evidence, steps taken during the additional investigation and explanations for any changes to the original findings.
Prosecutors also would be able to review whether police met deadlines for supplementary investigations and notify both the investigator and the investigator’s agency of the results.
For major cases, investigative agencies could establish a joint investigation team while the prosecution service could designate a corresponding unit or prosecutor to work with investigators.
Although prosecutors would lack direct investigative authority, they could exchange views with investigators on evidence collection and the application of law to minimize gaps between investigation and prosecution.
Cooperation would become mandatory in ordinary criminal cases beginning six months before the statute of limitations expires.
Police also could ask prosecutors for legal opinions during investigations, while police officers would be expected to cooperate when prosecutors request their appearance in court to support a prosecution.
The rules also broaden the category of important cases requiring cooperation to include financial and securities crimes, antitrust cases, technology theft and maritime crimes.
Seven categories of crimes involving vulnerable victims also would be included: sexual violence, sex crimes against children and adolescents, child abuse, domestic violence, stalking and abuse of people with disabilities or older adults.
The revisions also seek to strengthen victims’ ability to challenge police decisions not to refer cases for prosecution.
Police would have to provide complainants with detailed legal and factual reasoning behind decisions not to refer cases.
Prosecutors also could request additional investigation when temporary or emergency measures are needed in child abuse or stalking cases.
The proposal allows prosecutors, when appropriate, to request that a supplementary or renewed investigation be assigned to a higher-level police office or another investigative agency instead of the original investigator.
The ministry also proposed changing the relationship between prosecutors and special judicial police from one based on investigative direction to one based on mutual cooperation.
Prosecutors would provide guidance and advice while special judicial police could assist prosecutors during trials.
The Justice Ministry said it would collect opinions from government agencies, experts and the public during the advance-notice period and complete the revisions as quickly as possible.
— Reported by Asia Today; translated by UPI
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Original Korean report: https://www.asiatoday.co.kr/kn/view.php?key=20260828010009876