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With the completion of the so-called inspection and closure legislation, the prosecution's investigative powers have been greatly reduced.
However, in less than a month, the opposition party criticized that it had announced an adjustment to the rule of law while overhauling the basis of the criminal system, and the controversy seems to continue in the Constitutional Court.
And even in the law itself, loopholes are being revealed everywhere, and reporter Kim Gwan-jin will explain what loopholes there are.
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The number of crimes that prosecutors can directly investigate will be reduced to two categories, corruption and economy, from the previous six.
Election crimes will be handled by the police from next year in consideration of the local elections in June, and the remaining crimes will be handled by the police from September 4th.
The Democratic Party's plan is to transfer the authority to investigate the two crimes to the Serious Crime Investigation Agency later, so depending on the situation in the National Assembly, the prosecutor's authority to initiate an investigation may be further reduced.
Prosecutors can directly conduct complementary investigations only on cases that the police acknowledged and sent to the prosecution, and cases that come to the prosecution after the police cleared the charges and came to the prosecution can only be investigated within the scope of the crime that the police have seen can.
However, in the past, anyone among the complainant, the accuser, and the victim could file an objection, but the accuser was removed from being able to file an objection.
The prosecution placed restrictions on the appeals process to ask for another review because they could not accept the results of the police investigation. In order to protect whistleblowers and the socially disadvantaged, objections to cases filed by third parties, such as civic groups, are blocked, and in the end, the damage is borne by the public. There are concerns about Iran.
[Han Sang-hee/Professor, Konkuk University Law School (co-representative, Solidarity for Participation): (Police's) decision not to appeal itself has more effect than the final judgment of the court.
There is no way for accusers to argue about the decision not to appeal or the contents of the investigation.]
According to the same rule, it is more likely that the judgment will be made only within the criminal charges set by the police.
The incumbent judge criticized that the aftermath of the adjustment of the investigative authority is already being shown as the insolvency of the evidence record, and that the results of the confusion will be fully borne by the public.