South Korea's PPP files constitutional complaint over prosecution investigative reform
Main opposition party argues legal revision stripping prosecutors of direct investigative power dismantles criminal justice system.
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South Korea's main opposition People Power Party filed a constitutional complaint against a legal revision abolishing prosecutors' direct investigative powers, arguing it violates constitutional principles and dismantles the criminal justice system.
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Warum es wichtig ist
The legal revision abolishes prosecutors' authority to conduct direct investigations, shifting investigation authority solely to the police.
SEOUL, Aug. 13 (Yonhap) -- The main opposition People Power Party (PPP) on Thursday filed a constitutional complaint against a recent legal revision abolishing prosecutors' authority to conduct direct investigations, calling it a measure that dismantles the country's criminal justice system.
The move came amid concerns that scrapping the prosecution's investigative authority under the revision to the Criminal Procedure Act could conflict with their constitutionally recognized authority to request warrants.
"The abolishment of supplementary investigative authority fundamentally undermines the foundation of the Criminal Procedure Act and could result in dismantling the entire criminal procedure system," Rep. Kim Tae-kyu, head of the PPP's legal advisory committee, said as he submitted the complaint to the Constitutional Court.
"We believe it is absolutely necessary to raise the issue of its unconstitutionality and seek a ruling from the Constitutional Court," he added.
The PPP argued that the revision violates a set of constitutional principles, including the prosecution's authority to request warrants and citizens' right to a speedy trial, as well as the principle of separation of powers.
The revision, approved by the Cabinet last week, is set to take effect Oct. 2.
Under the revision, prosecutors will be stripped of their rights to conduct direct investigations, including supplementary investigations, leaving investigation authority solely to the police.
They can instead request the police to carry out such investigations, which police will have up to two months to complete.
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Legal revision set to take effect Oct. 2
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Offene Fragen
- Will the Constitutional Court accept the complaint?
- How will police handle the increased investigative workload?
