검찰의 합리적 역할방안에 관한 논의

Abstract

Recently, the Criminal Procedure Act and the Public Prosecutors' Office Act were revised. The police have the right to terminate the primary investigation. Through this, the prosecution's right to command the investigation was virtually abolished. As a result, the role and function of police investigation rights have been expanded. However, the prosecution still has the right to investigate serious crimes. And the prosecution has the right to seek a warrant. Therefore, it is not possible for the police to have full investigation rights. Police and prosecutors should clearly define roles and functions between agencies. Through this, mutual cooperative and equal relationships should be maintained based on checks and controls between agencies. So the police should be the subject of investigative power. And the prosecution should be the main body of indictment. But if power is concentrated on an institution, it will be corrupt. Therefore, the prosecution should hand over the right to investigate serious crimes to the Criminal Investigation Agency, not the police. The police are also a state agency with investigative powers. Therefore, a cooperative relationship through checks and controls between agencies should be maintained.