Where should complaints be filed, and to whom should additional evidence be submitted? One month after the launch of the new prosecutorial agency and the Serious Crime Investigation Agency, confusion surrounding the changed criminal procedures continues from case reception to trial. Although the authorities have divided their responsibilities, friction has arisen in the process of transferring cases and evidence, leading to parties having to search for submission locations again or facing the burden of repeating statements.
According to the legal community, the two agencies, which began operations on October 2, are currently expanding their personnel and facilities and refining practical guidelines. The Serious Crime Investigation Agency has achieved initial arrest results in drug and voice phishing cases, while the prosecutorial agency has reorganized to focus on prosecution and judicial control. However, confusion regarding jurisdiction, supplementary investigations, and evidence submission procedures persists.
Finding Submission Points and Additional Investigations After Transfer
At the reception stage, victims feeling that police investigations are delayed have been approaching the Serious Crime Investigation Agency or filing the same case with both agencies. The scope of handling cases that involve both general crimes and those under the Serious Crime Investigation Agency's jurisdiction is also a contentious issue. A lawyer in Seocho-dong pointed out, "When multiple crimes are involved, the criteria for transferring to the Serious Crime Investigation Agency are unclear, and procedures such as case number assignment are delayed, causing confusion for both lawyers and clients."
After transfer, the burden surrounding supplementary investigations has increased. According to data submitted by Kim Ye-ji, a member of the National Assembly from the People Power Party, the prosecutorial agency requested supplementary investigations from the police for 12,465 cases between October 2 and 29, averaging about 445 requests per day.
Changes have also been observed in warrant reviews. According to data from Park Sang-woong's office, the proportion of arrest warrants applied for by the police that prosecutors did not submit to the court was 36.2% from October 2 to 24, higher than the average of 22.2% from January to September this year.
Frontline police have expressed concerns about the burden of needing to address simple typographical errors and document formats. The prosecutorial agency has stated that if prosecutors directly modify or confirm documents, it could raise issues regarding the exercise of investigative authority. In the case of the Yeoksam arson incident, psychological analysis by a profiler from the prosecutorial agency was conducted in a manner that required the police to request supplementary investigations.
The police agency explained that the transfer of existing prosecutorial investigation cases as requests for supplementary investigations has also impacted the numbers, but they believe it is still manageable.
Evidence Submission Procedures Affecting Trials
Confusion extends to evidence submission and trials. Article 245-13 of the Criminal Procedure Act allows prosecutors to hear opinions and receive materials to verify facts regarding whether to prosecute, but it prohibits using statements and materials obtained in this process as trial evidence.
This regulation places parties in a situation where they must follow separate procedures for explaining to the prosecutor and submitting evidence for use in court. According to Yonhap News, Choi Seung-hwan, a lawyer at Barun Law LLC, attempted to submit social media conversations supporting the defendant's innocence to the prosecutor but was rejected due to potential evidentiary issues. It was only after the prosecutor requested supplementary investigations from the police that the materials were submitted to them.
Concerns have also been raised about victims having to repeat the same information. Kim Ye-won, the representative lawyer at the Disability Rights Law Center, pointed out that when prosecutors hear the victim's explanation and request supplementary investigations from the police, the police often call the victim back for questioning, leading to unnecessary repetition of statements.
Even after trials begin, the issue of how to submit additional evidence remains unresolved. In a recent voice phishing case trial, a victim expressed a desire to submit additional evidence, but the prosecutor indicated that it would be difficult to accept it directly. Ultimately, the trial had to be postponed due to the lack of a defined evidence submission procedure.
As an alternative, there are discussions about prosecutors requesting the court to secure evidence instead of receiving it directly. This would involve the court ordering the submission of necessary financial transaction records or issuing search warrants. Since prosecutors must prove the charges and the court must make judgments, there are concerns that if the court actively seeks evidence, it may appear to assist in proving the defendant's guilt.
Vacancies in Serious Crime Investigation Agency and Backlogs at Prosecutorial Agency
There is also a lack of personnel and facilities to support the new procedures. The Serious Crime Investigation Agency launched with 1,900 out of a planned 2,874 positions filled, or 66.1%. In the Seoul Serious Crime Investigation Agency, 11 out of 25 supervisory positions are vacant, leading some supervisors to take on additional team responsibilities.
The Criminal Justice Information System (KICS) is currently only operational for certain functions such as reception and distribution, relying on direct delivery or postal services for records. Facilities for lawyer-client meetings and waiting areas for subjects under investigation also need expansion. As of October 30, the nationwide transfer performance of the Serious Crime Investigation Agency was three cases, with five arrests, making it too early to evaluate its capacity for investigating major economic crimes and power-related corruption.
The prosecutorial agency launched with about 80% of its planned prosecutor quota while also carrying the burden of existing case backlogs. As of the end of September, there were 186,307 unresolved cases in the prosecution. Although the police have increased their personnel for supplementary investigations, as of September, 9.2% of investigative police, or 3,739 individuals, lacked investigative experience.
The Serious Crime Investigation Agency is pursuing career recruitment and additional special appointments, with plans to expand KICS functions in December. The prosecutorial agency and police are also operating organizations to support the review of non-prosecution cases and the implementation of supplementary investigations. However, even the authority to accept leniency applications for voluntary reporting is still under discussion between the two agencies.
This highlights the need for clear criteria regarding case transfers, supplementary investigations, and additional evidence submissions. There is a pressing need to resolve issues where parties must search for submission points again or repeat explanations each time responsibilities shift between agencies.
* This article has been translated by AI.
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