Active Prosecutor's Letter to Moon and Yoon: "On Days I Can't Investigate, Please Send Me to the Police Instead"

Article 217(2) of the Criminal Procedure Act Leaving Only Judicial Police Officers as Petitioners for Arrest Warrants... "Unconstitutional in Itself"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] A current prosecutor lamented the ongoing legislative process of the 'Geomsu Wanbak (Complete Removal of Prosecutorial Investigation Authority)' bill and pleaded, "Please send me to the police instead."

Cha Ho-dong, a prosecutor at the Daegu District Prosecutors' Office (age 43, Judicial Research and Training Institute class 38), posted an article titled "A Plea to President Moon Jae-in and President-elect Yoon Seok-youl" on the prosecution's internal network 'Eprose' on the 18th.

He first introduced himself to President Moon as "a rank-and-file prosecutor who received a commendation from you early last year" and said, "Setting aside all other aspects of the Geomsu Wanbak bill, I earnestly ask you, as a fellow legal professional, to at least read once how the amended Article 217 of the Criminal Procedure Act has been revised."

Article 217, Paragraph 2 of the current Criminal Procedure Act stipulates that "when a prosecutor or judicial police officer needs to continue holding seized items, they must promptly request a search and seizure warrant." The Democratic Party of Korea, in the newly proposed amendment, changed the phrase "prosecutor or judicial police officer" to "judicial police officer" only. This removes the prosecutor, constitutionally designated as the warrant requester, and grants exclusive authority to the police to request search and seizure warrants.

Prosecutor Cha emphasized, "This provision itself violates the Constitution, and it clearly shows how thoughtlessly and without any review this bill was hastily drafted." He added, "As a citizen, I earnestly ask the President to ensure that such a bill is not implemented, which would undermine the foundation of our criminal justice system."

To President-elect Yoon Seok-youl, he said, "Starting in August, the prosecution system, which has been the basic framework of democratic countries since the 19th century, will disappear, and there will be no system to oversee and supplement police investigations." He requested, "Please send me to the police station since I cannot conduct investigations. I will do my utmost to ensure investigations proceed well alongside police officers based on my years of accumulated investigative experience, record all situations, and pass them on to future generations."

Additionally, Prosecutor Cha stressed, "There must be no gap, even a single day, in investigating corruption crimes." He stated, "As a prosecutor, I cannot watch crimes evaporate while it takes years to establish organizations and budgets for special prosecutors, the Central Investigation Agency, or a Korean-style FBI." He continued, "Please call me anywhere, even if it means pitching a tent in an empty lot. After August, gather only the people so that experts can investigate corruption crimes."