考虑到宪法和法律在检察官调查权力方面的一致性

Yong Chul Park
{"title":"考虑到宪法和法律在检察官调查权力方面的一致性","authors":"Yong Chul Park","doi":"10.34222/kdps.2022.14.2.99","DOIUrl":null,"url":null,"abstract":"In April and May 2022, the majority of the National Assembly was immersed in an attempt to completely deprive prosecutors of their right to investigate by unilaterally revising the relevant laws, the Criminal Procedure Act and the Prosecutors' Office Act. Although the law passed the National Assembly in early May did not fully fulfill its original purpose, the establishment of a new agency called the Serious Crime Investigation Agency has set the framework for abolishing all direct investigation rights granted to prosecutors. The organization called the Prosecutors’Office and the organization called the prosecutor have no choice but to play an essential and inevitable role in protecting human rights while committing certain degree of human rights violations. Also it should be noted that the prosecutor's investigation works as gate-keeping function for the police investigation. Two investigative agencies called the prosecution and the police shall coexist as organizations that form mutual cooperation and mutual checks. The National Assembly's recent attempt to pass the bill is ironically considered to have delayed or virtually abandoned the realization of the agenda of prosecution reform in a true sense, that is, having an independent investigative agency from political power for a long time ago.","PeriodicalId":384688,"journal":{"name":"The Korean Association of Criminal Procedure Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Considering the Concordance of the Constitution and the Laws with regards to the Prosecutor's Authority to Investigate\",\"authors\":\"Yong Chul Park\",\"doi\":\"10.34222/kdps.2022.14.2.99\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In April and May 2022, the majority of the National Assembly was immersed in an attempt to completely deprive prosecutors of their right to investigate by unilaterally revising the relevant laws, the Criminal Procedure Act and the Prosecutors' Office Act. Although the law passed the National Assembly in early May did not fully fulfill its original purpose, the establishment of a new agency called the Serious Crime Investigation Agency has set the framework for abolishing all direct investigation rights granted to prosecutors. The organization called the Prosecutors’Office and the organization called the prosecutor have no choice but to play an essential and inevitable role in protecting human rights while committing certain degree of human rights violations. Also it should be noted that the prosecutor's investigation works as gate-keeping function for the police investigation. Two investigative agencies called the prosecution and the police shall coexist as organizations that form mutual cooperation and mutual checks. The National Assembly's recent attempt to pass the bill is ironically considered to have delayed or virtually abandoned the realization of the agenda of prosecution reform in a true sense, that is, having an independent investigative agency from political power for a long time ago.\",\"PeriodicalId\":384688,\"journal\":{\"name\":\"The Korean Association of Criminal Procedure Law\",\"volume\":\"31 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-06-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The Korean Association of Criminal Procedure Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.34222/kdps.2022.14.2.99\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Korean Association of Criminal Procedure Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.34222/kdps.2022.14.2.99","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

2022年4月和5月,国会多数议员试图单方面修改《刑事诉讼法》和《检察法》,彻底剥夺检察官的调查权。虽然5月初国会通过的《重案调查法》并没有完全实现当初的宗旨,但新设的“重案调查部”为废除所有检察官的直接调查权奠定了基础。“检察院”和“检察官”在一定程度上侵犯人权的同时,也必须在保护人权方面发挥必要和不可避免的作用。另外,检察机关的调查工作对警方的调查起到了把关的作用。检察和警察这两个调查机关应该作为相互合作和相互制约的组织共存。最近国会试图通过该法案,被认为是拖延或实际上放弃了很久以前实现的真正意义上的检察改革议程,即建立独立于政治权力的调查机构。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Considering the Concordance of the Constitution and the Laws with regards to the Prosecutor's Authority to Investigate
In April and May 2022, the majority of the National Assembly was immersed in an attempt to completely deprive prosecutors of their right to investigate by unilaterally revising the relevant laws, the Criminal Procedure Act and the Prosecutors' Office Act. Although the law passed the National Assembly in early May did not fully fulfill its original purpose, the establishment of a new agency called the Serious Crime Investigation Agency has set the framework for abolishing all direct investigation rights granted to prosecutors. The organization called the Prosecutors’Office and the organization called the prosecutor have no choice but to play an essential and inevitable role in protecting human rights while committing certain degree of human rights violations. Also it should be noted that the prosecutor's investigation works as gate-keeping function for the police investigation. Two investigative agencies called the prosecution and the police shall coexist as organizations that form mutual cooperation and mutual checks. The National Assembly's recent attempt to pass the bill is ironically considered to have delayed or virtually abandoned the realization of the agenda of prosecution reform in a true sense, that is, having an independent investigative agency from political power for a long time ago.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信