Constitutional Court Rules "Law Allowing Only Prosecutors to Request Medical Confinement is Constitutional"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] The Constitutional Court has ruled that the legal provision allowing only prosecutors to request treatment and custody is not unconstitutional.

On the 2nd, the Constitutional Court announced that it made a constitutional ruling with a 7 (constitutional) to 2 (dismissal) decision on the constitutional review petition filed by the Seoul Western District Court, which claimed that Article 4, Paragraphs 1 and 7 of the Act on Treatment and Custody violated the principle of due process.

Treatment and custody refers to a disposition that confines criminals recognized as having mental disabilities or states of drug, alcohol, or substance addiction in treatment and custody facilities to prevent recidivism and promote social reintegration.

In 2019, the Seoul Western District Court, while trying a case of attempted murder, judged that the defendant needed treatment for alcohol addiction and requested the prosecutor to file a treatment and custody petition, but the prosecutor did not comply. According to the Act on Treatment and Custody, prosecutors can request treatment and custody from the court, and the court can request prosecutors to file such petitions.

Accordingly, the Seoul Western District Court filed a constitutional review petition ex officio, arguing that the relevant provisions "violate the principle of due process, which requires that procedures be conducted appropriately and reasonably to prevent potential harm to the defendant and citizens."

However, the Constitutional Court ruled that "it is difficult to see this as a violation of the principle of due process." The court reasoned that the right to be sentenced to treatment and custody ex officio by the court is not included within the scope of the constitutional right to request a trial. The Constitutional Court added, "The law separates the subjects of petition and judgment to ensure that treatment and custody are conducted objectively and fairly."

On the other hand, Justices Lee Seonae and Lee Eunae dissented, stating, "Even if this provision is unconstitutional, the constitutional review petition case and the attempted murder case that gave rise to it should be considered separately," and "It is difficult to see that the order of the trial or its content and effect would change legally depending on whether it is unconstitutional."