National Assembly passes bill on probe rights
Prosecutor General hints at resigning over revision
By Lee Tae-hoon
The National Assembly passed a contentious revision bill Thursday aimed at strengthening the independent investigation rights of police and redefining the nature of their relationship with prosecutors.
The legislation was approved in a plenary session with a vote of 175 for, 10 against and 15 abstentions.
Police welcomed the move, saying that it will continue to “respect prosecutors and consult with them over investigation rights” in a press release.
Prosecutors made no official statement but they did not hesitate to express their disappointment on the revision of the Criminal Procedure Code.
Prosecutor General Kim Joon-gyu went as far as hinting that he would tender his resignation to protests the parliamentary approval of the revision early next week.
“Somebody must take responsibility for a broken promise,” he said, adding that he plans to make an announcement on Monday.
Prosecutors and police had reached an agreement last week that a Ministry of Justice order would determine the extent of the prosecution’s supervisory rights over police investigations.
However, lawmakers of the National Assembly Legislation and Judiciary Committee ignored the compromise Tuesday, making the details of their relationship in the legislation subject to a presidential decree.
The last minute change was made amid an outcry by police officers that prosecutors would continue to wield excessive power if the law let the Ministry of Justice determine the details of prosecutors’ supervisory rights over police investigations. Prosecutors are considered the single most powerful group in the ministry.
The revision stipulates that police can open independent investigations into crimes if they have secured strong de facto evidence.
Previously, the criminal code did not recognize the police’s freedom to open investigations, while mandating that they carry out a probe under the supervision of prosecutors.
Police complained that this did not reflect the reality that they have long independently investigated the majority of criminal cases without prosecutorial supervision, especially during the early stages.
The revision, however, also includes a phrase stating that all investigations are subject to the supervision of prosecutors; and the police must immediately send investigation files and evidence to them.
President Lee Myung-bak expressed his displeasure with the deepening conflict between prosecutors and police, saying prosecutors should act in a “mature” way.
“I hope prosecutors will show a mature attitude by thinking from the people’s perspective,” Lee was quoted as saying by presidential spokesman Park Jeong-ha.
On Wednesday, senior prosecutor Hong Man-pyo and four other top prosecutors offered their resignations to protest the revision.
They complained that the Assembly unilaterally broke last week’s hard-won compromise over how to share investigative rights with police.
Prosecutors say the presidential decree will result in unfavorable conditions for them as it will likely further restrict their oversight of police investigations.