The Severe Crime Investigations Act, where complete deprivation of the prosecution’s right to investigate is the key, is flowing in the form of a truth game. Overseas criminal justice system, the parties said, “Separation of investigation and prosecution is a global standard” (Democratic Party lawmaker Hwang Unha) “Complete inspection is complete corruption. Convergence of investigation and prosecution is a global trend” (Former Prosecutor General Yoon Seok-yeol).
The confusion is aggravated by the Democratic Party advocating the’British model’ frequently appearing the names of unfamiliar British investigative agencies such as the National Crime Agency (NCA) or the Serius fraud office (SFO).
Investigation and prosecution… “Separation is the standard” vs. “Convergence is the trend”
Prosecutor General Yoon Seok-yeol is making a speech at the Supreme Prosecutors’ Office in Seocho-dong, Seoul on the afternoon of the 4th. Reporter Lim Hyun-dong
First of all, is the investigation and prosecution a “separation is the global standard” (Hwang Canal) or “convergence is the trend” (Yun Seok-yeol)? Both are half the truth. For ordinary criminal cases, the principle of separation of investigation (police) and prosecution (prosecution) is maintained. However, in recent years, convergence has emerged to strengthen the capacity to respond to economic crimes and anti-corruption cases.
The same goes for England. In England, where there was no distinction between prosecutors and policemen, the’autograph prosecution’ in which victims directly handed over the perpetrator to trial developed. Later, in 1829, when the police force was formed, the police were in charge of investigation and prosecution at the same time. However, as the corruption of the police and the high innocence rate of monopoly intensified, the Crown Prosecution Service (CPS) was created in 1986 to separate investigation and prosecution.
On the other hand, a flow chart that attempts to integrate the right of investigation and prosecution appears. In the UK in the 1970s and 1980s, criticisms of the inability to respond to corruption and economic crimes continued, and Senator Roskill, a former judge, took over the committee to improve the system. After three years of activity, the Roskills Committee published a’Roskills Report’ in 1986 and recommended to Congress the “need for a new unified organisation.” After that, after discussions with the government and the parliament, the institution established in 1988 is the SFO, or SFO, which is an investigation agency specializing in economic crimes that has both the right to investigate and prosecute.
In other advanced countries, such as the United States and Japan, there are cases where large-scale cases are directly investigated by the prosecution. In Japan, the Tokyo District Prosecutor’s Office directly investigated the suspicion of former Prime Minister Shinzo Abe’s entertainment offerings to voters last year. In the United States, New York City’s Manhattan District Attorney’s Office is investigating allegations of former U.S. President Donald Trump’s misconduct. While Rep. Hwang Unha, a former policeman, insisted on separating the investigation and prosecution, the reason is that there is a clue that “No country in any civilized country directly exercises the power of investigation by the prosecution on a’full-scale’ basis.”
NCA? SFO?
Crimes subject to investigation by the NCA posted on the UK’s National Crime Agency (NCA) website. Homepage capture
Is the model of the heavy water office proposed by the Democratic Party of NCA (national crime agency) or SFO (serious fraud office)? Yoon assumes the SFO and sees the separation of investigation and prosecution as a reverse run, while Congressman Hwang says, “The Heavy Water Administration is close to the NCA.”
In the big frame, it is reasonable to think that NCA is similar to the heavy water agency and SFO is similar to the airlift. The NCA was established in response to crimes in the wide area with a scale of 4,100 people. It is said that it will be 2000 if it is small, and it will be 5000 if it is large, and there are many similar aspects to the Central Water Agency that it takes over the right to investigate the six major crimes (corruption, economy, public officials, election, defense industry, and major disaster) left by the prosecution. . In the bill being prepared by the Democratic Party Prosecutors’ Reform Special Committee, if it is true that Rep. Hwang said, “The Heavy Water Agency will become an investigative agency without the right to request a warrant or prosecution,” this is also similar to the NCA.
However, the fact that the NCA is an agency under the Ministry of Home Affairs, while the Democratic Party is considering putting the heavy water office under the Ministry of Justice is not a small difference. Depending on whether the heavy water office goes under the Ministry of Public Administration and Security where the police belong or the Ministry of Justice where the prosecution belongs, the personal composition of the heavy water office and the relationship between the prosecutors and the police can be significantly different.
SFO, cited as an example of the convergence of investigation and prosecution, is also close to the high-ranking public officials criminal investigation agency (airborne agency) launched with both powers. It is also common that high-ranking officials target corruption cases involving high-ranking officials as key investigation targets. In terms of organizational size, SFOs are about 500, and thousands of people are closer to airborne (about 100) than the dominant heavy water office. The difference is that the SFO is affiliated with the UK Department of Justice, but the Airlift is an independent administrative agency.
In academia, there is considerable concern that passports are borrowing the’British model’ that has developed in a completely different soil from the domestic judicial system. Jung Woong-seok, chairman of the Korean Criminal Procedure Law Association (Professor of the Department of Public Human Resources, Seokyeong University) said, “The UK has a strong police power, so it established a prosecution office to disperse power, but the judicial soil of the country is close to the opposite of Korea, such as the tradition of self-government police and the prosecution of deaths. ”He pointed out. Chairman Chung said, “Moreover, the NCA is an organization that aims at investigative efficiency just like the SFO in that it combines the capabilities of self-governing police, which are divided into one.” “In the process of restructuring the investigation, the domestic situation needs to be considered more closely.”
Reporter Han Young-ik [email protected]
