Supreme Court's first opinion on abolition of supplementary investigation rights... “Complementary measures must be prepared to prevent side effects.”
⚡ Quick Summary
Regarding the amendment to the Criminal Procedure Act that abolishes the prosecutor's right to supplementary investigation, the Supreme Court said, "It is a matter to be decided from a legislative policy perspective," but said, "There is a need to prepare sufficient supplementary measures to prevent side effects." This is the first time that the National Court Administration has expressed its opinion on the existence of supplementary investigative rights.
Regarding the amendment to the Criminal Procedure Act that abolishes the prosecutor's right to supplementary investigation, the Supreme Court said, "It is a matter to be decided from a legislative policy perspective," but said, "There is a need to prepare sufficient supplementary measures to prevent side effects." This is the first time that the National Court Administration has expressed its opinion on the existence of supplementary investigative rights. According to People Power Party lawmaker Shin Dong-wook on the 12th, the Supreme Court Court Administration recently submitted to the National Assembly a review opinion containing the above contents on the amendment to the Criminal Procedure Act proposed by Rep. Kim Yong-min of the Democratic Party of Korea and Rep. Park Eun-jung of the Cho Kuk Innovation Party. However, he expressed his opinion in favor of the amendment that allows the court to decide on ‘conditional release’ when issuing an arrest warrant. The Ministry of Public Administration and Security said, “It appears that this will be able to improve the misconception that ‘arrest is punishment’ and resolve the abnormal situation in which the focus of criminal justice is concentrated on the warrant stage and important trials receive no attention.” They also expressed support for the introduction of a judicial pre-examination procedure for search and seizure warrants. On the other hand, the prosecutor's indictment
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