Why did the People Power Party file a constitutional complaint over the revision to the Criminal Procedure Act?

The PPP says the revision unlawfully removes prosecutors’ supplementary investigative authority and could dismantle the criminal procedure system. It argues the change conflicts with constitutional principles, including warrant-request powers, speedy trial rights and separation of powers.

What changes does the revision to the Criminal Procedure Act make to prosecutors' investigative powers?

The revision removes prosecutors’ authority to conduct direct investigations, including supplementary investigations. Police will hold the investigative authority, while prosecutors can only request the police to carry out further work.

When will the revision to the Criminal Procedure Act take effect, and what is the complaint's timing?

The Cabinet approved the revision last week, and it is scheduled to take effect on Oct. 2. The PPP filed its constitutional complaint on Thursday after saying the issue had to be brought before the Constitutional Court.

PPP files constitutional complaint against revision to Criminal Procedure Act

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Summary

The main opposition People Power Party filed a constitutional complaint in Seoul on Thursday against a revision to the Criminal Procedure Act that strips prosecutors of direct investigative authority. The party said the change undermines the criminal justice system and conflicts with prosecutors’ warrant-request powers, citizens’ right to a speedy trial and the separation of powers. The revision was approved by the Cabinet last week and is set to take effect Oct. 2.

Key Facts

Rep. Kim Tae-kyu, head of the PPP's legal advisory committee, submitted the complaint to the Constitutional Court.
The PPP said the revision violates the prosecution's authority to request warrants, citizens' right to a speedy trial and the principle of separation of powers.
Under the revision, prosecutors will lose the right to conduct direct investigations, including supplementary investigations, and police will have sole investigative authority.
Prosecutors may still ask the police to conduct investigations, and police will have up to two months to complete them.

By Yonhap

Published Aug 13, 2026 5:05 pm KST

Rep. Kim Tae-kyu, front, head of the main opposition People Power Party's legal advisory committee, files a complaint against a revision to the Criminal Procedure Act at the Constitutional Court in Seoul, Thursday. Yonhap

The main opposition People Power Party (PPP) on Thursday filed a constitutional complaint against a recent legal revision abolishing prosecutors' authority to conduct direct investigations, calling it a measure that dismantles the country's criminal justice system.

The move came amid concerns that scrapping the prosecution's investigative authority under the revision to the Criminal Procedure Act could conflict with their constitutionally recognized authority to request warrants.

"The abolishment of supplementary investigative authority fundamentally undermines the foundation of the Criminal Procedure Act and could result in dismantling the entire criminal procedure system," Rep. Kim Tae-kyu, head of the PPP's legal advisory committee, said as he submitted the complaint to the Constitutional Court.

"We believe it is absolutely necessary to raise the issue of its unconstitutionality and seek a ruling from the Constitutional Court," he added.

The PPP argued that the revision violates a set of constitutional principles, including the prosecution's authority to request warrants and citizens' right to a speedy trial, as well as the principle of separation of powers.

The revision, approved by the Cabinet last week, is set to take effect Oct. 2.

Under the revision, prosecutors will be stripped of their rights to conduct direct investigations, including supplementary investigations, leaving investigation authority solely to the police.

They can instead request the police to carry out such investigations, which police will have up to two months to complete.

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