공수처의 기능 강화와 검찰권 견제

Abstract

The prosecutors belonging to the Prosecutors' Office are monopolizing the power of prosecution. So the prosecutor's crime should also be prosecuted by the prosecutor. In this respect it is of great significance in criminal proceedings that the prosecutor's monopoly on prosecution has been broken with the advent of the high-ranking officials criminal investigation office. An investigation organization was created that could check the prosecutors who were not checked. However, the power of prosecution by the high-ranking public officials criminal investigation office is extremely limited. It is no different from the police who only have the authority to investigate. The extreme restriction of the prosecution authority of the high-ranking public officials criminal investigation office is contrary to the purpose of the establishment of the high-ranking public officials criminal investigation office, and the interpretive and systematic problems of the criminal procedure law resulting from this are difficult to solve. The organization and personnel of the high-ranking officials criminal investigation office is very small and its authority is very weak. It is necessary to give the high-ranking officials criminal investigation office the authority to prosecute for all crimes that have the authority to investigate. It is necessary to strengthen the function of the high-ranking public officials criminal investigation office so that it can faithfully perform the role of checking the power of the prosecution in accordance with the purpose of the establishment of the high-ranking public officials criminal investigation office. Even if the high-ranking public officials criminal investigation office exercises the prosecution power that matches the investigative authority, for the efficiency of the investigation and the prosecution, the functional separation of the investigative authority and the prosecution authority is not appropriate.