형사소송법 일부개정이 바꾸는 절차와 기준 — 제1조 문언 정리

무엇이 바뀌었나

The reasons for the partial amendment of the Criminal Procedure Act (Act, promulgated 2026-09-29, entered into force 2026-10-02), published on the National Law Information Center, state as follows: As a criminal justice system in which investigation and prosecution are institutionally separated has been established under the abolition of the Prosecutors' Office Act, scheduled to enter into force on October 2, 2026, the Prosecution Service Act, and the Act on the Organization and Operation of the Serious Crime Investigation Agency, the criminal justice system was reorganized in the direction of amending the Criminal Procedure Act, the basic Act of our country's criminal proceedings, on August 4, 2026, to abolish the prosecutor's direct power of investigation, to unify the subject of investigation as judicial police officers, and to have prosecutors be responsible for the filing and maintenance of public prosecutions. Accordingly, the purpose is to reorganize the content that does not accord with the new criminal justice system. <Provided by the Ministry of Government Legislation>

This partial amendment, in line with the amendment of higher-level Acts or the reorganization of the system, reorganizes the subjects, procedures, and terminology of the relevant provision (Article 1). No effect beyond the scope of the provisions set out in the source is conjectured.

조문으로 확인할 것

Readers may directly compare the pre-amendment and post-amendment text of Article 1 in the table comparing old and new provisions and in the reasons for enactment and amendment at the National Law Information Center source link (https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=290189). In particular, how the authority holder, the counterparties to notification and enforcement, and the requirement wording have changed must be read with distinctions made at the sentence level.

What standards the transitional provisions (Supplementary Provisions) between the promulgation date (2026-09-29) and the effective date (2026-10-02) apply to procedures already in progress or to facts that arose previously must also be confirmed by comparing the main text and the Supplementary Provisions together.

입법에 묻는 것

How does the text of this partial amendment of the Criminal Procedure Act change or specify who becomes the subject of judgment and enforcement, and on what criteria, in practice and procedure? Does the reorganization of terminology and the provision system maintain continuity with the rights and obligations relations of the preceding procedure, or does it require separate interpretive standards?

When the amended Article 1 is applied to actual Case Records and disposition procedures after the effective date (2026-10-02), what points need to be further clarified in subordinate regulations or enforcement guidelines with respect to the parties' right of defense, right to participate in procedure, or routes for raising objections?

다시 볼 조건

If a subsequent amendment of the Criminal Procedure Act, or further reorganization of related higher-level Acts, Enforcement Decrees, or Enforcement Rules, is promulgated, this note will be rewritten. At that time, the changed provision numbers and the point of application of the Supplementary Provisions will be re-compared against the source and updated.