The Supreme Court has stated that "the prosecutor's intent must be comprehensively assessed" regarding the dismissal provisions in the revised Criminal Procedure Law.
According to Yonhap News on August 3, the Supreme Court's Court Administration Office submitted materials on the review of prosecutorial abuse legislation to the office of Kim Tae-kyu, a member of the National Assembly from the People Power Party, on July 31.
The revised Criminal Procedure Law has newly added grounds for dismissal of charges, including cases where charges are filed based on "serious illegal investigations" and where charges are filed that significantly deviate from prosecutorial discretion. Legal experts have pointed out that while the scope for dismissal has expanded, the specific criteria for judgment remain unclear.
In this context, the Court Administration Office explained that "discriminatory prosecution, selective prosecution, delayed prosecution, politically motivated prosecution, and separate prosecution alone cannot be considered prosecutorial abuse."
It further stated, "The circumstances surrounding the filing of charges, the prosecutor's intent, the disadvantages incurred by the defendant, and the degree of deviation from prosecutorial discretion must be considered comprehensively in making a judgment."
The 2019 Supreme Court ruling referenced by the Court Administration Office indicated that prosecutorial abuse is determined when "the prosecutor arbitrarily exercises prosecutorial authority, causing substantial disadvantages to the defendant, thereby significantly deviating from prosecutorial discretion."
Additionally, it noted that "arbitrary exercise of prosecutorial authority is not merely due to negligence in duty but must involve at least some intent, even if indirect."
Ultimately, the determination of prosecutorial abuse will hinge on whether the prosecutor's intent is reflected in the arbitrary exercise of prosecutorial authority.
Moreover, it was stated that "the specific criteria for judgment regarding the dismissal provisions are expected to be established through future Supreme Court rulings."
Previously, Lee Jin-soo, the Deputy Minister of Justice, argued at a National Assembly legislative review subcommittee that "dismissal of charges should only be possible in cases where there is arbitrary judgment by the prosecutor in filing charges."
* This article has been translated by AI.
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