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The Ministry of Justice has devised a revision of the Criminal Procedure Law that focuses on protecting human rights of suspects. The revision allows lawyers to participate in the investigation right from the moment of interrogation and calls on all suspects to whom arrest warrants are issued to receive interrogations at a court.
The ministry announced a revision Sunday that changed 51 clauses (and added 12 new ones) after four-year discussions by the Special Committee on Revising the Criminal Law, a body that included law professors and prosecutors. The ministry expects that the revision would be implemented around early next year after it notifies the legislature next month and the revisions are passed by the National Assembly this year. According to the revision, suspects suffering financial difficulties would be able to designate public lawyers from the moment the arrest warrant is issued Suspects without money would be released without having to pay bail; all he would have to do is take an oath along with his a bondsman.
In particular, as the participation of lawyers will be stated in the law, prosecutors must inform suspects of the right to appoint lawyers before interrogation. If they fail to do so or make an interrogation under a restricted circumstance, it would not be accepted as evidence at a trial.
The revision also changed the current regulation that allows police to request an arrest warrant "within 48 hours" after making an ugent arrest to one calling for a warrant to be issued immediately after the charge is recognized, preventing the abuse of the current law.
The witness arrest system, the false testimony punishment system, and the extension of detention period for felonies, however, were excluded due to disputes over possible human rights infringements. Those systems were believed to help strengthen the investigation.
Im Chae-jin, a prosecution director at the ministry, said, ¡°The revision is designed to maximize suspects¡¯ right to defend themselves and the protection of human rights.¡±
(An Yong-hyun, justice@chosun.com )
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