
The National Court Administration responded that it was not appropriate to give a specific opinion, saying it was a matter of legislative policy.
AI-generated summary
Article 245-13 of the Revised Criminal Procedure Act allows the prosecutor to confirm the facts by listening to the opinions of people involved in the case or receiving related materials to determine whether to indict, but the statements and materials obtained in this process cannot be used as evidence in the trial.
Legislative policy mattersโฆ It is not appropriate to express specific opinions.
(Seoul = Yonhap News) Reporter Lee Mi-ryeong = The Supreme Court said it was aware of various concerns about the revised Criminal Procedure Act provisions that eliminated the evidentiary capacity of data collected by prosecutors and said, "We plan to look into practical problems in the future."
According to People Power Party lawmaker Joo Jin-woo, a member of the Legislation and Judiciary Committee of the National Assembly, on the 4th, the Supreme Court Court Administration responded as follows to the request for a review opinion on Article 245-13 of the Criminal Procedure Act.
Article 245-13 of the revised Criminal Procedure Act allows prosecutors to confirm the facts by listening to the opinions of people involved in the case or receiving related materials to determine whether to indict.
However, statements and materials obtained during this process cannot be used as evidence in the trial.
Accordingly, there were concerns in the legal community that the process of the case may take longer as the case has to go through a process such as the prosecutor's request for a supplementary investigation and the parties involved submitting data to the police.
The National Court Administration responded, โWe understand that various concerns are being raised regarding the implementation of Article 245-13 of the Revised Criminal Procedure Act.โ
However, when asked about the impact on the right to a speedy trial under the Constitution or the discovery of the substantive truth in criminal proceedings, the answer was, "It is a matter related to judicial judgment."
Regarding whether it is necessary to maintain or revise it, he said, "It is a legislative policy matter that must be judged by comprehensively considering the purpose of the legislation, the effect of system operation, and the impact on the overall criminal procedure," and "It is not appropriate to express a specific opinion."
He explained that to date, no specific cases of practical problems have been identified, or lower court precedents that have denied the admissibility of evidence based on this have been confirmed.
The National Court Administration said that it is difficult to come up with specific measures to improve the system at this stage as there has not been enough related cases accumulated in the early stages of the implementation of the revised law, and that "we will continue to look into the operational status of related trial practices and problems raised in practice in the future."
AI outlook โ possibilities, not facts
The Supreme Court's Court Administration will continue to review the status of related trial operations and problems raised in practice in the future.
Very likely ยท Within weeks

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