Supreme Prosecutors' Office Issues Guidelines to Local Prosecutors
Controversy Grows Inside and Outside Prosecution After President Yoon's Release
"Plan to Correct in Main Trial"
"Prompt Handling After Investigation... Consult in Advance in Case of Disputes"
The Supreme Prosecutors' Office, which did not file an immediate appeal against the court's decision to cancel President Yoon Seok-yeol's detention period calculated in 'hours' and instead instructed the release, has issued guidelines to local prosecutors' offices to continue calculating the detention period in 'days' as before.
This move came as an attempt to contain growing controversy inside and outside the prosecution after giving up on immediate appeals following the court's decision. The Supreme Prosecutors' Office also instructed that if a detention cancellation decision is made, the subject should be released.
Prosecutor General Shim Woo-jung is answering reporters' questions on the morning of the 10th at the Supreme Prosecutors' Office in Seocho-gu, Seoul. 2025.03.10 Photo by Yoon Dong-joo
According to the legal community on the 11th, the Supreme Prosecutors' Office circulated a directive titled "Guidelines on Calculation of Detention Period and Handling of Detention Cancellation Decisions" nationwide, issued under the name of the Policy Planning Division Chief of the Planning and Coordination Department.
The Supreme Prosecutors' Office stated, "There was a court decision to cancel detention that does not conform to the long-established practical precedents of courts and prosecution regarding the method of calculating detention periods," and instructed, "Until the Supreme Court or other final court decisions are made, each office should, in principle, calculate detention periods as before, and if the investigation is completed, handle the case as promptly as possible."
It added, "For other potentially controversial matters, please consult in advance with the Criminal Policy Office of the Supreme Prosecutors' Office."
Furthermore, it explained that it finds it difficult to agree with the court's judgment to calculate the detention period in 'hours' and cancel detention, and plans to correct this in the main trial. The Supreme Prosecutors' Office said, "(Regarding President Yoon's case) although we did not file an immediate appeal, we find it difficult to agree with the court's judgment and plan to actively present opinions in the main trial to rectify it."
However, the Supreme Prosecutors' Office also cited Constitutional Court rulings from 1993 and 2012 that declared immediate appeal regulations on bail and suspension of detention execution unconstitutional, noting that giving up immediate appeal in President Yoon's case was inevitable. This is interpreted as an explanation responding to demands from frontline prosecutors for detailed and clear explanations regarding the Supreme Prosecutors' Office's decision.
The Supreme Prosecutors' Office stated, "Considering the strong possibility that the immediate appeal regulation on detention cancellation is also unconstitutional, we will faithfully present opinions to the court if detention cancellation cases arise in the future." It added, "If the court decides to cancel detention, respect the decision and release the person in custody, and consult with the Trial and Prosecution Department on response directions if there are any special circumstances."
Following President Yoon's release under the direction of Prosecutor General Shim Woo-jung, controversy over the method of calculating detention periods continues inside and outside the prosecution. In particular, on the 10th, various claims such as "clear practical guidelines are needed" and "it is questionable whether the Constitutional Court's decision applies equally to immediate appeals on detention cancellation" were raised on the prosecution's internal network 'Epross.'
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
