South Korea's National Assembly passed an amendment to the Criminal Procedure Act that eliminates the supplementary investigation authority of prosecutors [1, 2].
The move represents a fundamental shift in the country's legal system by separating the power to investigate crimes from the power to prosecute them. This structural change aims to reduce the concentration of power within the prosecution service, a central goal of ongoing prosecutor reform efforts [1, 2].
The Democratic Party said the legislative victory was a "historic turning point" [1]. The party has long advocated for the separation of investigation and prosecution to ensure a more balanced system of checks and balances within the judiciary [1, 2].
Conversely, the People Power Party said the amendment was a "terrible law" that will remain a "disgrace in constitutional history" [1]. Opponents of the bill argue that removing these powers could hinder the efficiency of criminal proceedings and weaken the state's ability to pursue complex cases [1, 2].
Professor Choi Chang-ryeol of Yongin University said that the separation of investigation and prosecution is the primary direction of prosecutor reform [1]. He said that the decision to move in this direction had already been determined [1].
The amendment focuses specifically on the "supplementary investigation authority," which previously allowed prosecutors to conduct further inquiries into cases referred to them by police [1, 2]. Under the new rules, this authority is abolished to ensure that the prosecution focuses strictly on the legal merits of a case before bringing it to trial [1, 2].
“"historic turning point"”
This legislative change accelerates the systemic decoupling of investigative and prosecutorial functions in South Korea. By removing the ability of prosecutors to conduct supplementary investigations, the National Assembly is shifting the primary investigative burden to the police, potentially altering the balance of power between these two law enforcement pillars and changing how criminal evidence is gathered and vetted prior to trial.
