2020년 수사권 조정과 범죄피해자의 지위 변화

Abstract

The Criminal Procedure Act, revised in 2020, established the relationship between prosecutors and judicial police officers as a mutually cooperative relationship as part of the prosecution reform, allowing judicial police officers to independently conduct investigations without the direction of prosecutors, and further terminate the investigation. However, there is a problem in that there has been no special review on the impact on the status and rights of victims in the discussion on the adjustment of the investigative power. However, the Presidential Decree of the Investigation Rules has newly established regulations to strengthen the some rights of victims, such as strengthening the right to consult read and copy investigation documents for victims, including the complainant, and strengthen the right to participate by victim lawyers. However, the means of objection by the complainant and the victim to the disposition to terminate the investigation, which has a meaning as a means of guaranteeing the right to make a statement in the judicial proceedings guaranteed under the Constitution, have been weakened rather than in the past. The judicial police officer may decide not to transfer a case for which the allegation of a crime is not admitted, but the investigation is converted into unfinished state in response to the prosecutor's request for re-investigation and an objection from the complainant. As a result, the judgment on the disposition for the conclusion of the investigation became uncertain, and the process leading to the conclusion of the investigation became very complicated. In particular, the objection of the person concerned with the non-transfer decision is difficult to see as a means of objection to the disposition to terminate the investigation, and rather, it brought a procedural burden of having to go through an objection to file an existing prosecution appeal, the application scheme for adjudication and constitutional petition. In addition, there is a problem in that the channels through which victims who have not filed a complaint can file a constitutional complaint against the disposition to terminate the investigation have been reduced. The solution to various problems arising from giving the judicial police officers the authority to decide non-transfer will be to break the dual investigation structure and abolish the prosecutor's right to investigate, to give the police full investigative power, and instead give the prosecutor the authority to terminate the investigation.