As the abolition of prosecutorial investigative and directive authority approaches in October, the Supreme Prosecutors' Office is drafting new investigation guidelines and soliciting feedback from special judicial police (SJP).
According to Yonhap News on the 23rd, the Supreme Prosecutors' Office sent a draft of the guidelines, which define the relationship between prosecutors and SJPs, to major SJPs nationwide on the 21st, requesting comments by the 24th.
SJPs are public officials responsible for investigating and enforcing laws related to specific crimes in various administrative agencies, including labor, customs, national tax, and food and drug safety. As of 2024, there are approximately 20,000 SJPs active across the country.
Due to the nature of their work, which does not focus on criminal investigations, many SJPs often lack investigative experience and legal knowledge. Until now, prosecutors have directed SJPs to correct illegal or inadequate investigations.
The revised Criminal Procedure Act changes the relationship between prosecutors and SJPs to one of 'mutual cooperation,' allowing prosecutors only to provide guidance and advice during the initiation and progress of investigations.
Consequently, all content related to the previous directive authority of prosecutors has been replaced with 'guidance and advice.'
The draft includes a provision stating that SJPs must comply with the guidance and advice of prosecutors.
However, there are currently no established methods for enforcing compliance from SJPs, raising concerns about the effectiveness of the new guidelines.
Critics argue that the absence of prosecutorial directive authority may lead to inadequate investigations or concealment of cases.
The draft also includes provisions for the prosecution to analyze and evaluate the operational status of SJPs.
Previously, legal experts expressed concerns about a potential gap in judicial oversight over SJPs due to the abolition of prosecutorial directive authority, suggesting the need for minimum safeguards such as job exclusions and performance evaluations.
Under the revised Criminal Procedure Act, SJPs will be subject to requests for supplementary investigations and corrective actions from prosecutors, and these provisions are reflected in the draft guidelines.
* This article has been translated by AI.
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