South Korean prosecutors challenge removal of investigative command authority

The upcoming implementation of amendments to the Criminal Procedure Act, which strip prosecutors of their investigative command authority, has triggered legal challenges and concerns regarding investigative gaps.

Several prosecutors have filed constitutional disputes against the National Assembly, arguing that the right to direct investigations is a constitutionally protected power. They have also applied for an injunction to suspend the enforcement of the law, claiming the amendment exceeds the limits of legislative power.

Simultaneously, local governments and special judicial police (SJP) are expressing concerns over potential investigative deficiencies. Because many SJPs are civil servants rotating through various administrative roles, they often lack deep expertise in criminal law and complex investigative procedures. Without the legal guidance and oversight previously provided by prosecutors, there are fears that errors in evidence collection or suspect interrogation could lead to increased legal liability for individual investigators and a decline in the overall quality of criminal investigations.