South Korea's National Assembly passed an amendment to the Criminal Procedure Act on Friday, July 31, 2026, removing prosecutors' direct investigative powers [1], [2].
The legislation represents a fundamental shift in the nation's legal framework by separating the authority to investigate crimes from the power to prosecute them. This change aims to prevent the concentration of power within the prosecution service and ensure a more balanced system of checks and balances.
The amendment abolishes the ability of prosecutors to conduct direct investigations, including supplementary investigations [1], [3]. Under the new rules, prosecutors must request investigations through judicial police officers [1], [2].
The vote in the National Assembly chamber in Seoul was nearly unanimous. The tally showed 175 votes in favor of the amendment, two votes against, and one abstention [1].
Lawmakers said the move was a necessary overhaul of a criminal justice system that has remained largely unchanged for 70 years [1], [3]. By shifting investigative authority to the judicial police, the government intends to modernize the legal process and reduce the influence of the prosecution over the initial stages of criminal cases [1], [3].
This legislative action follows a period of intense debate regarding the role of the prosecution in South Korean society. The new law effectively ends the era where prosecutors could both lead an investigation and decide whether to bring charges in court [2], [3].
“The amendment abolishes the ability of prosecutors to conduct direct investigations.”
This legislative shift dismantles a long-standing power structure in South Korea's judiciary. By stripping prosecutors of their investigative mandate, the state is moving toward a model that mirrors many Western legal systems, where police gather evidence and prosecutors focus on legal review and litigation. This reduces the potential for prosecutorial overreach but places significantly more pressure on the capacity and neutrality of the judicial police.
