수사권 개혁 후 경찰과 검찰의 관계 재정립 방안 - 경찰에 대한 검찰의 수사사무 감독을 중심으로 -

Abstract

As the revised Criminal Procedure Act and Investigation Rules have came into effect in 2021, the role of prosecutors is to direct investigations for serious crimes in the filing of prosecution, and special judicial police officers. In the changed investigation system, the police have the primary right to terminate the crime investigation, the right to initiate investigations for all crimes, and the right to proceed. The relationship between the police officer and the prosecutor has changed to a mutually cooperative one. However, some clause in the Criminal Procedure Act do not reflect the changed relationship between the police officer and the prosecutor. Since the constitution requires it to go through the prosecution, it is considered reasonable to be under the control of the prosecutor despite the fact that the warrant is an important element in the investigation. However, the choice of disciplinary action or administrative disposition for individual investigators as a follow-up control method can weaken cooperation between agencies, so improvement is required. In order to improve the quality of investigations and ensure efficient investigation and prosecution, it would be appropriate to strengthen cooperation between the police officer and prosecutor within the current legal system and to exclude factors that could hinder cooperation. Complementary investigation is essential as it is a means of securing evidence for prosecution or non-indictment. It needs to be preceded. In line with its original purpose, the inter-agency council needs to be regularly activated for system improvement, policy proposals, and joint performance of tasks that require close cooperation.