The Corruption Investigation Office Opposes 'Pre-Interrogation for Search Warrants'... "Hinders the Discovery of Substantive Truth"

Preliminary Hearing System for Search and Seizure Warrants, 'Cautious Review Opinion' Delivered to Supreme Court
"Concern That Courts May Become Investigative Authorities"

The High-ranking Officials' Crime Investigation Agency (HCIA) has effectively conveyed its opposition to the Supreme Court regarding the 'Pre-hearing System for Search and Seizure Warrants' that the Supreme Court is promoting.

On the 7th, the HCIA sent an opinion to the Supreme Court stating that the partial amendment to the Criminal Procedure Rules, which the Supreme Court had announced for legislative notice, requires careful review. Although the HCIA superficially expressed the position of 'need for careful review,' it effectively opposed the hearing system for search and seizure warrant cases.

Regarding the face-to-face hearing system for search and seizure warrants, the HCIA voiced concerns, stating, "Allowing the examination of persons who have information necessary for reviewing the requirements for search and seizure runs counter to victim protection and may violate the confidentiality of investigations, so careful review is necessary."

Concerning the addition of an execution plan to the search and seizure warrant application, it stated, "If the specific execution plan for search and seizure is limited by the warrant, it may be impossible to respond to unforeseen situations on site, which could hinder the discovery of substantive truth due to incomplete search and seizure, and this may effectively result in the court becoming the director of the investigation."

Regarding the expansion of the rights of suspects and others to participate in the execution of search and seizure warrants, it said, "Even under current circumstances, the participation rights of suspects and others are sufficiently guaranteed, and the rights of suspects can be protected through post hoc remedies such as quasi-appeals," adding, "The amendment could be interpreted as intending to guarantee participation rights to suspects regardless of whether they are the subject of the seizure."

Earlier, on the 3rd of last month, the Supreme Court's Judicial Administration Office announced the 'Partial Amendment to the Criminal Procedure Rules,' which newly established Article 58-2 (Hearing of Search and Seizure) that did not previously exist, and announced legislative notice to introduce a pre-hearing system allowing the court to examine suspects or their attorneys before issuing search and seizure warrants.