Prosecutors to transfer about 100 unresolved direct-investigation cases to police
In short
Police and prosecutors agreed to hand about 100 cases that prosecutors had begun investigating directly to the police, because they cannot be finished within the 90-day transition period under South Korea's new criminal justice system. The transfers are expected to begin on Oct. 6, and requests for supplementary investigation of cases police had already sent to prosecutors will follow. About 2,000 wanted-person cases previously managed by prosecutors have already been transferred to police.
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Police and prosecutors have agreed to transfer about 100 cases that prosecutors had begun investigating directly but judged they could not complete within the 90-day transition period allowed under the new criminal justice system, according to Yonhap and Seoul Economic Daily. The revised Criminal Procedure Act took effect on Oct. 2, removing prosecutors' power to open direct investigations; the law still permits up to 90 days of investigative work in cases that are unavoidable by nature or where the statute of limitations is nearly expired. [ 1 , 2 , 3 ]
The handover was set to proceed sequentially from Oct. 2, but as of the morning of Oct. 5 no case had actually reached police, Yonhap reported, adding that police expected transfers to begin on Oct. 6 once the holiday period ended. When a local prosecution office sends a case to the police station in its jurisdiction, police will review its size and character and assign it either to a station investigation team or to a regional police agency's wide-area investigation unit. [ 1 , 3 ]
Requests for supplementary investigation of cases that police had sent to prosecutors but that prosecutors did not finish will also be received in sequence. Yonhap reported that because each local prosecution office must decide case by case whether further investigation is needed, the total volume of such requests has not yet been calculated. Police asked that the requests not arrive all at once and prosecutors agreed, Yonhap said, and dedicated investigation-cooperation units at regional police agencies will track their progress. Supplementary investigation requests must in principle be fulfilled within one month of receipt. [ 1 , 3 ]
Yonhap reported that, as of August, 46,793 cases had been pending more than three months at 262 police stations nationwide, with 6,871 pending more than six months, and said the added work of handling existing cases while meeting supplementary investigation deadlines could increase the burden on frontline investigators. [ 1 ]
Separately, about 2,000 wanted-person cases that prosecutors had managed have already been handed to police; most have been re-warranted and listed in police name, and the small remainder awaiting warrants are expected to be completed soon, according to Yonhap and Seoul Economic Daily. Yonhap also reported that as of the morning of Oct. 5 no police investigation case had been referred to the Serious Crime Investigation Agency, and that police and the agency were continuing talks on referral procedures. [ 1 , 3 ]
Why it matters
The handover is an early operational test of the new criminal justice framework that took effect on Oct. 2, in which prosecutors can no longer open direct investigations. The added caseload lands on police investigators who, as of August, were already holding 46,793 cases pending more than three months, and officials say the full scale of follow-up investigation requests is not yet known.
Key facts
- Police and prosecutors agreed to transfer about 100 cases that prosecutors had begun investigating directly but judged unlikely to be completed within the 90-day transition period. [ 1 , 2 , 3 ]
- The revised Criminal Procedure Act took effect on Oct. 2, removing prosecutors' power to conduct direct investigations, except for up to 90 days in cases where it is unavoidable by nature or where the statute of limitations is nearly expired. [ 1 , 3 ]
- The transfer was set to proceed sequentially from Oct. 2, but as of the morning of Oct. 5 no case had actually reached police; police expected transfers to begin on Oct. 6. [ 1 , 3 ]
- Requests for supplementary investigation of cases police had sent to prosecutors but which prosecutors did not finish will be received sequentially, and the total scale has not yet been calculated. [ 1 , 3 ]
- About 2,000 wanted-person cases managed by prosecutors have already been handed to police, with most re-warranted and listed in police name. [ 1 , 3 ]
- As of August, 46,793 cases had been pending more than three months at 262 police stations nationwide, including 6,871 pending more than six months. [ 1 ]
- Supplementary investigation requests must in principle be completed and reported within one month of receipt. [ 1 ]
- As of the morning of Oct. 5, no police investigation case had been referred to the Serious Crime Investigation Agency, and police and the agency were still discussing referral procedures. [ 1 ]
Confirmed by several sources
- Police and prosecutors agreed to transfer about 100 cases that prosecutors had begun investigating directly but could not finish within the 90-day transition period. [ 1 , 2 , 3 ]
- The new criminal justice system took effect on Oct. 2 under the revised Criminal Procedure Act, with a maximum 90-day transition window for certain cases. [ 1 , 3 ]
- Transfers were expected to begin on Oct. 6, after no cases had reached police as of the morning of Oct. 5. [ 1 , 3 ]
- About 2,000 wanted-person cases previously managed by prosecutors have already been transferred to police, mostly with new warrants issued in police name. [ 1 , 3 ]
Still unclear
- Whether any case had actually been handed to police, and when the handover began. Yonhap reported that transfers were to proceed from Oct. 2 but that none had arrived by the morning of Oct. 5, while Seoul Economic Daily reported only that the cases would be transferred starting Oct. 6.
- How large the wave of supplementary investigation requests will be. Yonhap reported that each local prosecution office must judge the need for further investigation case by case, so the overall scale has not been calculated.
- How and when police cases will be referred to the Serious Crime Investigation Agency. Yonhap reported no referrals had occurred as of Oct. 5 and that procedures were still under discussion; no other document addresses this.
What local media are saying
Timeline, local time
- The revised Criminal Procedure Act and the new criminal justice system take effect; transfers of unfinished prosecution cases to police were set to proceed sequentially from this date. [ 1 , 3 ]
- Yonhap reports that police and prosecutors agreed to transfer about 100 cases and that none had yet reached police that morning. [ 1 ]
- Newsis reports the agreement, citing police, and says transfers will proceed sequentially from Oct. 6. [ 2 ]
- Seoul Economic Daily reports the same agreement and that the cases will be transferred from the following day, with about 2,000 wanted-person cases already handed over. [ 3 ]