Constitutional Court to Review Law Abolishing Prosecutors' Investigative Powers

by PARK, JONG-HO Posted : August 26, 2026, 14:24Updated : August 26, 2026, 14:24
 
A constitutional appeal filed by the People Power Party regarding the amendment to the criminal procedure law, which abolishes prosecutors' direct investigative powers and supplementary investigative rights, will be formally reviewed by the Constitutional Court.

On August 26, legal sources reported that the Constitutional Court has referred the constitutional appeal concerning the constitutionality of the amended criminal procedure law, filed by the People Power Party, for formal judgment.

The court will assess whether the constitutional appeal meets legal requirements through a designated panel of three judges. If deemed legally sound, the case will be forwarded to the full bench of nine judges for further deliberation.

The People Power Party filed the constitutional appeal on August 13, citing violations of the principles of due process, personal freedom, the right to apply for warrants, the right to a speedy and fair trial, the presumption of innocence, the right of criminal victims to participate in proceedings, and the principle of proportionality.
 
The party also argued that subordinating prosecutors to police investigations undermines the checks and balances within the criminal justice system, violating the principle of functional separation of powers.

Meanwhile, the amendment to the criminal procedure law was passed by the National Assembly at the end of last month, led by the Democratic Party, and subsequently approved by the Cabinet earlier this month.

Starting in October, when the amended law takes effect, investigations and prosecutions will be completely separated, prohibiting direct investigations by prosecutors and abolishing supplementary investigative rights. However, prosecutors will still be able to request supplementary investigations from judicial police officers.




* This article has been translated by AI.