By Kim Rahn
The government announced Tuesday a revised bill to introduce a plea bargain procedure enabling a suspect to receive a lighter punishment in return for providing key information to solve crimes.
If passed at the National Assembly early next year, the bill is expected to lend greater leverage to the prosecution to investigate corruption and organized crime.
The Ministry of Justice plans to submit a set of revised criminal laws to the National Assembly in January or February. It expects the new rules will take effect from the second half of next year.
Under the plea bargaining system, the prosecution could drop an indictment if the accused cooperates in solving otherwise hard-to-solve cases involving drugs, corruption and terrorist attacks.
It will also give a lighter punishment to the suspect if he or she helps investigate or prevent a crime, or in the arrest of accomplices.
“We expect plea bargains to help expose corruption and organized crime, as an informer’s testimony is key to investigating such offenses,” a ministry official said.
Some expressed worries about the possible abuse of the system. A judge at Seoul’s High Court said, “A plea bargain may remove obstacles in an investigation, but can have a negative effect during the trial.”
The revision will also allow the prosecution to subpoena key witnesses of a crime when they refuse to present themselves for questioning more than twice.
The rule is applied only in the case of a serious crime, for which the accused is likely to receive a sentence of more than five years imprisonment.
“It aims to prevent an accused person from committing additional crimes after being released because of key witnesses’ refusal to testify,” the official said.
The rule is expected to trigger disputes as it could conflict with the Constitution.
Under the revision, victims of sexual crimes, burglary, abduction or traffic accidents can directly interrogate the accused or witnesses and state their view at court hearings, after getting the judge’s approval.
At the same time, those giving false testimonies during the prosecution’s questioning or at a trial will receive harsher punishment.
People will be punished if they force witnesses to give false testimonies through threats or violence. A video-recorded testimony will have the same validity as a written one.
“The revision will complement legal systems to unveil truth and strengthen the protection of victims,” the official said.