Advanced countries such as the United States and the United States acknowledge the right to directly investigate… The Supreme Prosecutor’s Office refutes the ‘complete inspection’

When the Democratic Party of Korea (Democratic Party) insisted on ‘completely depriving the prosecutor’s investigative authority’ and came up with the reason and justification that it was a ‘trend in advanced countries’, the prosecution started the International Criminal Court (ICC), as well as advanced countries such as the United States and Germany, based on the prosecutor’s direct investigative power. He countered that major incidents were being investigated.

On the 14th, the Supreme Prosecutors’ Office released data analyzing the criminal justice system and actual investigation cases of the ICC, the United States, the United Kingdom, Germany, Japan, and the European Prosecutors’ Office (EPPO).

According to the data, first of all, the ICC is concentrating the authority for the investigation and prosecution of crimes under its jurisdiction to one prosecutor, the Prosecutor. Under the Rome Statute, the Prosecutor has the power to investigate and prosecute, and can independently initiate and close investigations.

The Prosecutor’s Office, led by the ICC Prosecutor, conducts investigations and trials as a team of lawyers and investigators who perform the role of prosecutors from the beginning of the investigation to the trial. Attorneys affiliated with the Prosecution Department are in charge of suggesting the direction of the investigation by in-depth review of the elements of the target crime and legal issues from the beginning of the case.

In the United States, the Attorney General also serves as the U.S. Attorney General and has 93 U.S. Attorneys across the United States. The Federal Attorney General is the chief law enforcement officer, and may request the federal investigative agency to initiate an investigation, and may request the formation of an investigation team.

Federal prosecutors have jurisdiction over crimes that endanger the existence of the Federation, such as espionage and terrorism, crimes against federal officials, major economic crimes such as violations of antitrust laws, and crimes that span two or more states.

When the federal investigative agency consults with the federal prosecutor whether to initiate an investigation in the early stages of the case, the federal prosecutor reviews the case and decides whether to initiate the investigation. Federal prosecutors and others discuss investigation strategies on effective evidence collection methods, such as whether to use a grand jury, where the investigation status is disclosed, or a search and seizure warrant, where the investigation status is not disclosed.

The Federal Bureau of Investigation (FBI) is not directly under the direction of the Attorney General, but under the direction of the Attorney General. If the FBI does not comply, the Attorney General may request that an investigation be initiated through the Department of Justice’s Criminal Division.

In Japan, the Criminal Procedure Act stipulates that prosecutors can directly conduct investigations. Direct investigations are mainly conducted on bribery, corruption, corporate crimes, etc. by politicians and public officials, as well as accusations against related agencies such as the National Tax Service, Fair Trade Commission, and the Securities and Exchange Commission.

The European Prosecutors’ Office (EPPO), which was launched last year, has the right to direct investigation, the right to initiate an investigation, and the right to request a warrant, and most of the 22 member countries are similar.

In the UK, case investigation and prosecution are separated by the police and prosecutors. However, in 1988 to effectively deal with economic and corruption crimes, the Serious Crime Investigation Office (SFO), which has both investigative and prosecuting powers, was established and was responsible for maintaining the prosecution.

In Germany, the prosecution has all the powers to initiate, command, and terminate investigations, and the Japanese prosecutors also have direct investigation powers on corruption crimes, tax evasion, and unfair trade practices.

“Even major advanced countries such as the United States, Germany, and Japan are investigating major cases based on the prosecutor’s direct investigative power,” said the Anti-Corruption and Violence Department of the Supreme Prosecutors’ Office. .

He pointed out, “There are crimes without alternatives and countermeasures, but measures such as ‘don’t just investigate’ will inevitably result in exposing the state and people to crimes as they are, so it is a serious matter that requires sufficient discussion and examination.”

The Democratic Party held a general meeting of policymakers in the National Assembly on the 12th and adopted a plan to completely separate the prosecution’s investigative and prosecuting powers as its party argument. Kim Seong-hwan, chairman of the Democratic Party’s policy committee, argued at a press conference at the time, saying, “Considering global trends and cases in advanced countries, there are not many differences of opinion on the principle of separation of investigation and prosecution.”