South Korea's cabinet approved an amendment to the Criminal Procedure Act that eliminates the supplementary investigation authority of prosecutors [1].
This legislative shift represents a significant restructuring of the nation's legal framework by removing a key power previously held by the prosecution. The move is intended to redistribute investigative authority and change how criminal cases are processed before reaching trial.
The State Council ratified the amendment on Monday [1]. This action follows a plenary session of the National Assembly where the measure was passed. The final approval was granted without providing a right of refusal or veto power for the prosecutors affected by the change [1].
Government officials said the reform is necessary to curb prosecutorial overreach [1]. By stripping this specific authority, the administration aims to normalize the criminal justice system and ensure a more balanced distribution of power between investigative bodies and the prosecution [1].
Addressing potential legal challenges, the government said the amendment is not unconstitutional [1]. Officials said the change does not constitute a violation of the separation of powers [1].
President Lee Jae-myung has overseen the push for these reforms as part of a broader effort to reorganize the legal hierarchy in South Korea [1]. The removal of the supplementary investigation power means prosecutors will no longer have the legal standing to independently conduct further investigations to supplement existing case files [1].
“South Korea's cabinet approved an amendment to the Criminal Procedure Act that eliminates the supplementary investigation authority of prosecutors.”
The removal of supplementary investigation authority shifts the balance of power away from the prosecution and toward primary investigative agencies. By eliminating the prosecutors' ability to independently expand investigations, the government is attempting to create a stricter separation between the act of investigating a crime and the act of prosecuting it, reducing the likelihood of a single entity controlling the entire legal process.
