Partial Revision of 'Investigation Authority Adjustment Presidential Decree' Passed at Cabinet Meeting…Police Say "Regrettable but Respectful"

Excluding Only Cyber Investigations from Prosecutor's Investigation Scope
"Ensuring Flawless Implementation"

[Asia Economy Reporter Lee Gwan-ju] The police expressed deep regret on the 29th over the presidential decrees related to the amended Criminal Procedure Act and Prosecutors' Office Act concerning the adjustment of investigative authority between the police and prosecution, which had been controversial.

The National Police Agency issued a statement saying, "During the legislative notice period, many opinions were actively expressed from the police as well as various sectors of society, emphasizing the need for revisions in accordance with legal principles, but it is very disappointing that only some of these were reflected."

It added, "Since the reform legislation must be finalized quickly for implementation in January next year, the police respect the decision," and "We will make every effort to prepare so that the presidential decrees can be implemented without any issues."

Furthermore, the National Police Agency indicated its intention to actively supplement the presidential decrees during the future implementation process. The agency emphasized, "We will do our best to ensure that the presidential decrees are operated objectively and neutrally in a way that aligns with the legislative intent of the amended laws and enhances the rights and benefits of the public."

At the Cabinet meeting held that day, the presidential decrees on investigative authority adjustment, which were partially revised from the legislative notice draft, were approved. Regarding the investigative guidelines (Criminal Procedure Act presidential decree), which had been problematic due to being solely managed by the Ministry of Justice, an additional provision was added to establish an advisory committee on investigative guidelines composed of external experts under the Ministry of Justice for interpretation and amendment.

In addition, a restrictive phrase, "a clear violation of the evidence collection rule to the extent that prosecution can be initiated," was added to one of the reasons for a prosecutor's request for transfer after police reinvestigation concerning "clear violation of the evidence collection rule."

Also, regarding the exception clause for transferring cases outside the scope of a prosecutor's investigation initiation, the phrase "after the investigation of six major crime types" was added for cases where a warrant for seizure, etc., was obtained, and cybercrime was excluded from the scope of cases subject to a prosecutor's investigation initiation. The police had previously requested revisions concerning the Ministry of Justice's sole management of the investigative guidelines and the inclusion of drug crimes and cybercrimes in the scope of cases subject to a prosecutor's investigation initiation.