The Supreme Court in Seocho-gu, Seoul. [Yonhap]
The Supreme Court in Seocho-gu, Seoul. [Yonhap]

The Supreme Court said Friday that proposed amendments to the Criminal Procedure Act abolishing prosecutors' direct investigative authority could lengthen trial proceedings, and called for legislative discussions on overhauling the detention period system.

The court's National Court Administration submitted a written opinion to the office of People Power Party lawmaker Ju Jin-woo on Friday outlining its position on the proposed amendments.

"If the amendments to the Criminal Procedure Act lead to more thorough examination of evidence and court proceedings, the duration of trials may increase," the National Court Administration said.

It added that "there are concerns that the current detention period system has limitations in balancing thorough proceedings with guaranteeing defendants' right to a defense," and said legislative discussions should also address "rational adjustments to detention periods or the introduction of conditional detention and release mechanisms."

Under current law, pretrial detention in first and second instance trials is capped at a combined maximum of six months. The court said the system would need to be revised to account for the possibility of longer proceedings.

"Regardless of what system is in place, courts remain committed to conducting fair and thorough hearings based on evidence presented in court," the National Court Administration said. "We will do our utmost to protect defendants' procedural rights and to uncover the truth."


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