"Strengthening Prosecutor-Police Cooperation on Seven Major Crimes, Including Sexual Violence" ... New Investigation Rules Released

[Financial News] Ahead of the separation of investigations and prosecutions in October, new investigation rules have been drawn up to strengthen cooperation between prosecutors and judicial police officers on seven major crimes targeting vulnerable groups, including sexual violence and child abuse. The focus is on better protecting victims' rights and improving investigative efficiency by clearly informing complainants why a case was not referred and reducing repeated requests for supplementary investigations.
On the 28th, the Ministry of Justice said it will seek public comment until the 4th of next month on a revision to the "Regulations on Mutual Cooperation Between Prosecutors and Judicial Police Officers and on General Investigation Standards" and a new enactment of the "Regulations on Mutual Cooperation Between Prosecutors and Special Judicial Police Officers," ahead of the October 2 enforcement of the revised Criminal Procedure Act of the Republic of Korea.
The revised investigation rules set out several key goals: protecting victims' rights, ensuring the effectiveness of requests for supplementary investigations, strengthening prosecutor-police cooperation, exercising judicial oversight over abuse of investigative powers, and safeguarding the human rights of people involved in cases.
First, seven major crimes against vulnerable groups will be added to the list of "important cases" that require close cooperation between prosecutors and police. These include sexual violence, sex crimes against children and adolescents, child abuse, domestic violence, stalking, abuse of persons with disabilities, and abuse of the elderly. In such cases, prosecutors and police will exchange views on investigative matters, evidence collection, and the application of laws even before the case is transferred.
The revision also reflects criticism that victims have difficulty filing objections because non-referral decisions often lack specific explanations. Going forward, authorities must notify complainants with detailed reasons for the non-referral decision and the legal and factual basis for judging their claims. Prosecutors may also request supplementary investigations when temporary or provisional measures are sought in child abuse and stalking cases.
Measures have also been introduced to reduce so-called "case ping-pong," where repeated requests for supplementary investigations between prosecutors and police delay case handling. Police must consult prosecutors before notifying them of the results of supplementary investigations, and prosecutors are generally required to respond within seven days. The "comprehensive investigation result report" must include the original investigation findings, the evidence relationship, the supplementary investigation details, and, if the conclusion changes, the reasons and implications for the change. Prosecutors will also be given authority to check whether police are meeting deadlines for carrying out supplementary investigations.
A legal basis will also be created for joint prosecutor-police responses to serious cases. If investigative agencies form a joint task force, the Public Prosecution Office will designate a dedicated department or prosecutor to cooperate. For ordinary cases with less than six months remaining before the statute of limitations expires, cooperation between prosecutors and police will be mandatory. At present, mandatory cooperation applies only to election cases starting three months before the statute of limitations runs out.
Cases requiring specialized legal judgment, such as finance and securities, fair trade, technology leaks, and maritime crimes, will also be added to the list of "important cases." When police request legal opinions, prosecutors must respond promptly. They will also be required to cooperate when police attendance in court is needed to maintain a prosecution.
Human rights protections during investigations will also be made more specific. Procedures will be established for recording suspect interrogations and video-recording searches and seizures. Prosecutors' pre-arrest interviews and fact-checking may also be conducted in various ways, including in person, by video, or by phone.
The relationship between special judicial police officers and prosecutors will also shift from the existing model of "investigative command" to one centered on "mutual cooperation." However, special judicial police officers must respect prosecutors' guidance and advice and reflect it in their investigations. If they fail to comply without justifiable reason, they may be subject to requests for supplementary investigations or corrective measures. A legal basis will also be created for special judicial police officers to form joint task forces with other investigative agencies and lead them in fields where they have expertise.
 



[email protected] Choi Eun-sol Reporter