Draft rules on special judicial police cooperation also open for public comment through Sept. 4
'Special judicial police must respect and reflect prosecutors' guidance in investigations'
![The Ministry of Justice building in Gwacheon, Gyeonggi Province. [Ministry of Justice]](https://wimg.heraldcorp.com/news/cms/2026/08/28/news-p.v1.20260513.f29664fb11dc4df19fd39994b063ac38_P1.jpg)
With the Prosecution Service set to be abolished in October and replaced by a new serious crimes investigation agency and a public prosecution office — stripping prosecutors of their supplementary investigation powers — the Ministry of Justice has announced draft rules that would require prosecutors to monitor whether police complete follow-up investigations on time and notify them of the results.
The ministry said Friday it had prepared two sets of draft rules to help embed the revised Code of Criminal Procedure, which takes effect in October, into daily practice: an amendment to the presidential decree governing cooperation between prosecutors and judicial police officers, and a new decree on cooperation between prosecutors and special judicial police officers. Both are open for public comment through Sept. 4.
The National Assembly passed the revised Code of Criminal Procedure on July 31, led by the Democratic Party of Korea, abolishing prosecutors' supplementary investigation powers and their authority to direct special judicial police. The Cabinet reviewed and promulgated the legislation on Monday. Since then, critics have warned that removing prosecutors' supplementary investigation powers could cause cases to be bounced back and forth between agencies, lengthen criminal investigations, and hamper relief for crime victims.
The ministry said the amended investigation rules aim, under the principle of separating investigation from prosecution, to guarantee the rights of crime victims, secure the effectiveness of supplementary investigation requests, strengthen cooperation between prosecutors and judicial police, subject the abuse of investigative powers to judicial oversight, and protect the human rights of those involved in cases.
Specifically, the ministry said it had added seven categories of crimes targeting socially vulnerable groups — sexual violence, sex crimes against children and adolescents, child abuse, domestic violence, stalking, abuse of people with disabilities, and elder abuse — to the list of "important cases" requiring close cooperation between prosecutors and police. The draft rules would also require prosecutors and police to exchange opinions on matters to be investigated before a case is transferred, on evidence to be collected, and on applicable laws.
Reflecting longstanding criticism that police non-referral decisions have lacked sufficient detail to allow complainants to file objections, the draft rules would require police to spell out the legal and factual basis for their decisions and notify complainants accordingly. For crimes such as child abuse and stalking, prosecutors would be required to request any necessary supplementary investigation before applying for interim or provisional measures against offenders.
Amid concerns that abolishing prosecutors' supplementary investigation powers could cause cases to be shuttled back and forth, the ministry said the draft rules would require police to consult with prosecutors before reporting the results of supplementary investigations. Prosecutors would be required to provide their opinion within seven days.
The ministry said it had also specified the content of the "comprehensive investigation results report" that police must submit when notifying prosecutors of supplementary investigation outcomes, in order to improve the completeness of police follow-through and enable prosecutors to reach decisions promptly. The report would be required to include the original investigation findings and evidence, the progress of the supplementary investigation, and — where the outcome has changed — the reasons for the change.
Most notably, prosecutors would be required to monitor whether police have completed supplementary investigations within the prescribed period, notify police of the findings, and report the results to the head of the relevant agency. The aim is to actively manage compliance with supplementary investigation deadlines.
There are also concerns that abolishing prosecutors' investigative powers will make it harder to operate joint investigation task forces. In this regard, the ministry said the draft rules would allow investigative agencies — including police and the new serious crimes investigation agency — to form joint investigation units, with the public prosecution office designating a dedicated division or prosecutor to work substantively alongside them.
The draft rules would also require prosecutors and police to cooperate mandatorily on cases where the statute of limitations expires within six months. Currently, mandatory cooperation is required only for election cases within three months of the limitations deadline; the amendment would extend that obligation to all cases within six months of expiry. The ministry also said it would add specialized cases requiring prosecutors' legal judgment — including financial and securities crimes, fair-trade violations, technology theft, and maritime crimes — to the list of "important cases" subject to prosecutor-police cooperation.
In addition, the ministry said it would establish criteria for cases that may continue to be investigated for up to 90 days after the revised law takes effect. Cases among those already transferred where the statute of limitations is about to expire, cases in which a prosecutor has applied for an arrest or detention warrant or a warrant to seize, search, or inspect a person's body or residence, and cases requiring unified handling because suspects or criminal facts are interrelated would all be eligible for the 90-day extension.
The draft decree on cooperation with special judicial police reflects the shift from a command-and-control relationship to one of mutual cooperation, the ministry said, setting three core directions: fleshing out the guidance and advice system, strengthening the investigative capacity of special judicial police, and making cooperation between prosecutors and special judicial police substantive.
Under the draft, special judicial police would be required to respect prosecutors' guidance and advice and incorporate it into their investigations; failure to comply without justification would make them subject to prosecutors' supplementary investigation requests and corrective action demands. The draft also establishes a basis for special judicial police with specialized expertise to form joint investigation units with other investigative agencies and take a leading role in running them.
The public prosecution office would be empowered to conduct training to strengthen the investigative capacity of special judicial police and to issue general guidance and advisory guidelines. The draft also includes provisions for special judicial police to attend trial proceedings in order to support prosecutors in maintaining their cases in court.
A ministry official said the ministry would "gather opinions from relevant agencies, experts and the public during the public comment period and work to complete the enactment and amendment process swiftly, so that the new criminal justice system can take root."
bell@heraldcorp.com
