The People Power Party filed a constitutional appeal with the Constitutional Court on August 13 against the amendment to the Criminal Procedure Act that abolishes the supplementary investigation rights of prosecutors.
Kim Tae-kyu, the party's legal advisory committee chair, spoke to reporters outside the Constitutional Court in Jongno, Seoul, stating, "The abolition of supplementary investigation rights will lead to the collapse of the entire framework of the Criminal Procedure Act, so it is necessary to raise this issue of unconstitutionality and seek a ruling from the Constitutional Court."
He pointed out that the amended Criminal Procedure Act could fundamentally block victims from receiving redress through supplementary investigation rights. Without these rights, judicial oversight of the basic elements of criminal law may not be conducted properly, potentially infringing on citizens' fundamental rights.
Additionally, the People Power Party explained that the amendment violates principles such as the right to due process, personal freedom, the inherent rights related to prosecutors' warrant applications, the right to a speedy and fair trial, the presumption of innocence, the right of criminal victims to make statements in court, and the principle of proportionality. They also noted that subordinating prosecutors to police investigation results undermines the checks and balances within the criminal justice system, which contradicts the principle of functional separation of powers.
Alongside the People Power Party, Representative Jang Dong-hyuk also included his name on the list of petitioners. Kim explained, "Political parties can be subjects of fundamental rights in relation to their functions and activities. Even if a political party cannot be a petitioner, individuals certainly can, which is why we included Representative Jang as a petitioner."
Kim Tae-kyu, the party's legal advisory committee chair, spoke to reporters outside the Constitutional Court in Jongno, Seoul, stating, "The abolition of supplementary investigation rights will lead to the collapse of the entire framework of the Criminal Procedure Act, so it is necessary to raise this issue of unconstitutionality and seek a ruling from the Constitutional Court."
He pointed out that the amended Criminal Procedure Act could fundamentally block victims from receiving redress through supplementary investigation rights. Without these rights, judicial oversight of the basic elements of criminal law may not be conducted properly, potentially infringing on citizens' fundamental rights.
Additionally, the People Power Party explained that the amendment violates principles such as the right to due process, personal freedom, the inherent rights related to prosecutors' warrant applications, the right to a speedy and fair trial, the presumption of innocence, the right of criminal victims to make statements in court, and the principle of proportionality. They also noted that subordinating prosecutors to police investigation results undermines the checks and balances within the criminal justice system, which contradicts the principle of functional separation of powers.
Alongside the People Power Party, Representative Jang Dong-hyuk also included his name on the list of petitioners. Kim explained, "Political parties can be subjects of fundamental rights in relation to their functions and activities. Even if a political party cannot be a petitioner, individuals certainly can, which is why we included Representative Jang as a petitioner."
* This article has been translated by AI.
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