Concerns within the party continued on the 6th over the revised Criminal Procedure Act, which passed the National Assembly's plenary session under the initiative of the Democratic Party and was promulgated at a Cabinet meeting. While abolishing the investigative authority of prosecutors, it still allows prosecutors seconded to a special counsel to conduct investigations, and temporarily grants investigative powers until the end of this year to prosecutors participating in joint police-prosecution investigation headquarters, drawing criticism within the party that this is “self-contradictory.”

Kim Seong-hoe, the Democratic Party's floor spokesperson, met reporters after the party policy coordination meeting at the National Assembly and, in response to the question, ‘Is there any plan, in the course of (additional) legislating the Criminal Procedure Act amendments, to strengthen the basis for prosecutors participating in the joint investigation headquarters to conduct investigations?’ said, “There is no plan.”

Earlier, on the 5th, Minister of the Ministry of Justice Jeong Seong-ho said at a briefing presided over at the Blue House by President Lee Jae Myung, “Even though the Criminal Procedure Act has been revised, I believe seconding prosecutors from the Public Prosecution Office to a special counsel should be discontinued. Is that not inconsistent with the abolition of prosecutorial investigative authority?” He added, “The legal basis for operating the joint police-prosecution joint investigation headquarters is very weak.”

President Lee Jae Myung ordered a review, before the revised law takes effect, of matters including whether prosecutors from the Public Prosecution Office may participate in the joint investigation headquarters. Currently, a total of nine joint investigation headquarters are operating, including the headquarters on collusion between religion and politics such as Shincheonji, the headquarters on voice-phishing crimes, and the headquarters on narcotics crimes.

The revised Criminal Procedure Act deletes Article 196, which stipulated the investigative authority of prosecutors, yet through addenda grants investigative authority to prosecutors seconded to a special counsel and leaves open a path for prosecutors participating in the joint investigation headquarters to investigate until the end of this year. Kim Seung-won, the ruling party secretary on the Legislation and Judiciary Committee, wrote on Facebook the same day, “Even if the revised Criminal Procedure Act takes effect on October 2, we included in the addenda provisions so that prosecutors in the joint headquarters investigating matters such as Shincheonji can continue their investigations,” and added, “Until December 31, joint investigations are permitted by the addenda, and I expect they will be concluded within that period.”

Since the start of the Lee Jae Myung administration a little over a year ago, the party and the government have entrusted major pending investigations to special counsels, with five special counsel bills and one permanent special counsel act passed. A special counsel bill on a fabricated indictment related to past prosecutorial investigations into the President has also been introduced. Accordingly, from the time discussion of the Criminal Procedure Act amendments began, voices of concern arose within the ruling bloc that “will we not be accused of double standards every time we propose a special counsel bill going forward?” A senior lawmaker said in a phone call that day, “Whenever anything comes up, the two parties will call for a special counsel,” and said, “Special counsels could become routine.”

If prosecutors seconded to a special counsel both investigate and go on to prosecute, critics also argue this conflicts with the principle, advocated by the Democratic Party, of separating investigation and prosecution. A Democratic Party lawmaker said in a phone call that day, “A prosecutor could go to a special counsel, conduct an investigation, and upon return take charge of bringing and maintaining the indictment in that case, so it is self-contradictory with the principle of separating investigation and prosecution,” and added, “The relevant addenda proceed from the premise that only prosecutors in the Republic of Korea have the best investigative capabilities, and that the police lack investigative competence.” A first-term lawmaker said, “Given that we have said prosecutors cannot be trusted, should we not stop seconding prosecutors to special counsels now?” and continued, “Once the investigative authority of (participating) prosecutors in the joint headquarters expires at year-end, it is doubtful whether the Serious Crimes Investigation Agency, which will be the mainstay of investigations, will be that ready.”