Deletion of Prosecutors’ Authority to Request and Execute Warrants – The final plan for the establishment of the Serious Crimes Investigation Agency (SCIA) and the Prosecution Agency, reached today (17th) by the ruling party, government, and the presidential office, significantly reduces the authority of prosecutors within the Prosecution Agency.
The government had submitted a bill in early March to the National Assembly, reflecting the Democratic Party’s caucus results from last month, but hardliners within the party argued it could counteract the purpose of prosecutorial reform. Consequently, negotiations led to a revision of the related provisions.
Specifically, the final plan explains that the Democratic Party adjusted or deleted provisions related to prosecutors’ authority in the existing government bill to prevent the SCIA from becoming a subordinate organization of the Prosecution Agency.
As a result, clauses requiring investigators to closely cooperate with prosecutors on investigations and prosecutions, and to promptly notify prosecutors upon recognizing a major crime, have been removed. Additionally, the so-called “request for initiation” right, which allowed prosecutors to request booking if additional criminal facts were found in cases referred by investigators, has been excluded.
Moreover, the final version of the Prosecution Agency Act removes prosecutors’ authority to request and direct warrant execution, and their supervisory authority over special judicial officers. This was disclosed by Kim Yong-min, the ruling party secretary of the National Assembly’s Legislation and Judiciary Committee.
The execution of prosecutors’ duties will follow laws rather than regulations, blocking the possibility of expanding prosecutors’ duties through enforcement ordinances. Clauses allowing prosecutors to stop investigations or demand the exclusion of officials engaged in misconduct during their duties have also been removed, addressing concerns over excessive prosecutorial interference in investigative bodies.
Provisions allowing the Prosecutor General to delegate cases to other prosecutors have been eliminated. Under the final version, if the Prosecution Agency must handle ongoing investigations, cases must be concluded within 90 days and forwarded to the relevant agency if unresolved, significantly shortening the case conclusion period from six months in the government proposal.
The final plan’s supplementary provisions provide legal grounds to assign existing prosecutorial personnel to the new Prosecution Agency or SCIA. The SCIA’s final version has specified major crime categories, adjusting them to include crimes defined in the Penal Code like insurrection and treason, alongside pre-existing categories like corruption, economic, and cybercrimes.
The Prosecution Agency’s head will still be called the Prosecutor General as per the government’s proposal. The Democratic Party plans to process the SCIA and Prosecution Agency establishment law in a National Assembly plenary session on the 19th.