South Korea's Cabinet approved an amendment to the Criminal Procedure Act on Tuesday that removes the complementary investigation powers of prosecutors [1].
The measure represents a significant shift in the country's legal framework by altering the balance of power between investigative and prosecutorial bodies. This change aims to limit the authority of the prosecution service, a move that has long been a central point of contention in South Korean politics.
Democratic Party of Korea officials welcomed the decision, noting that the amendment passed the Cabinet meeting without the president exercising a veto [1]. Han Byung-do, the floor leader for the Democratic Party, said the goal of the revision is to further strengthen the fundamental rights of citizens through mutual checks between investigative and prosecutorial agencies [2].
The People Power Party reacted with criticism toward the move and the president's decision not to block the legislation [1]. A spokesperson for the People Power Party said, "The gates of hell have opened" [2].
Opponents of the bill argue that removing these powers will hinder the efficiency of criminal investigations and potentially leave gaps in the justice system. Conversely, supporters maintain that the change is a necessary step toward prosecutorial reform, and the protection of civil liberties [1].
The legislation now moves forward following its passage through the government's highest executive body. The Democratic Party has indicated it will accelerate follow-up legislation to further refine the legal process [1].
“The gates of hell have opened.”
The removal of complementary investigation powers effectively decouples the ability to investigate from the ability to prosecute. By limiting the prosecution's role in the investigative phase, the South Korean government is attempting to reduce the concentrated power of the prosecution service, though this may lead to procedural delays or friction between different law enforcement agencies.
