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韩国总统剥夺起诉他的检察官的权力Korea’s President Strips Power From Prosecutors Who Indicted Him

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崔秀香 报道 韩国总统李在明强力推行刑事司法体系全面改革,剥夺了他指控滥用职权的检察机关的侦查权,其中包括他在就职前面临的刑事案件。

By Soo-Hyang Choi South Korean President Lee Jae Myung has pushed through a sweeping overhaul of the criminal justice system, stripping investigative powers from prosecutors he accuses of abusing their authority, including criminal cases against him before he took office.

修订后的法律于周五生效,核心在于将权力从检察机关转移至警方,检察机关主要保留决定案件是否起诉的职能。

A revised law that came into force Friday focuses on shifting power to police from prosecutors, leaving the latter primarily to decide whether cases should go to trial.

李在明上月表示:“检察改革的目的是确保赋予侦查和起诉机关为保护受害者、人权和社会秩序的权力与责任,不被滥用于出于政治动机的侦查和起诉。”他誓言将使这项改革不可逆转。

“The purpose of prosecution reform is to ensure that the powers and responsibilities entrusted to investigative and prosecutorial authorities to protect victims, human rights and the social order are not abused for politically motivated investigations and prosecutions,” Lee said last month, vowing to make the reform irreversible.

韩国检察机关长期以来被指行使过度权力,但这一举措引发担忧,即可能造成监管真空,导致犯罪受害者处境更糟。由面临检方提起的未决案件的总统主导改革,这种“视觉效果”也加剧了李在明民众支持率的下跌。

South Korea’s prosecutors have long been accused of exercising excessive power, but the move has raised concerns that it may create gaps that leave crime victims worse off. The optics of the reform, led by a president who faces pending cases launched by prosecutors, are also feeding into a drop in Lee’s public support.

支持者称,此举将有助于拆解一个多年来导致政治动荡的机构。自1987年韩国实行总统直选以来,在李在明之前的八位总统中,有四位在检方调查后入狱、被罢免或两者兼有。另一位卢武铉在卸任一年后,因面临涉及其家人的受贿嫌疑调查而自杀身亡。

Supporters of the move claim it will help break up an institution that’s contributed to political instability over the years. Of the eight presidents who served before Lee since the country embraced direct democratic elections in 1987, four have been imprisoned, ousted or both after investigations by prosecutors. Another, Roh Moo-hyun, died by suicide while facing an investigation into allegations of bribery involving his family a year after his term ended.

李在明去年登上国家最高职位,前因是其前任、曾任检察总长的尹锡悦引发的戒严闹剧。

Lee’s own ascent to the country’s top job last year followed a martial law fiasco triggered by his predecessor and top prosecutor-turned-president, Yoon Suk Yeol.

此次改革废除了大检察厅,并设立两个新机构接管其部分职能。新成立的检察厅将负责决定是否起诉嫌疑人并出庭支持公诉。

The overhaul scraps the Supreme Prosecutors Office and launches two new agencies to take on some of the office’s functions. A new Prosecution Service will make decisions on whether to indict suspects and will handle prosecutions in court.

新成立的严重犯罪调查厅将负责启动并实施针对包括贪腐和危害国家安全罪行在内的七大类犯罪的调查。警方和高位公职人员犯罪调查处将主导其他调查,尽管在哪个机关拥有管辖权的问题上,仍可能存在分歧。

The newly formed Serious Crimes Investigation Agency will take responsibility for launching and carrying out probes into seven categories of crimes including corruption and national security transgressions. The police and the Corruption Investigation Office for High-Ranking Officials will take the lead on other investigations, though there still may be scope for disagreements over which agency has jurisdiction.

此次修订之际,正值李在明担任总统期间其本人的审判被暂停。这些审判涉及协助私人土地开发商、挪用公款和违反选举法等指控。李在明否认有任何不当行为,并称起诉是出于政治动机。李在明曾表示:“我过去是、现在是、将来也将继续是因检察官滥权而受害最深的人之一。”

The revision comes as Lee’s own trials have been suspended while he serves as president. Those trials surround accusations over aiding private land developers, misusing public funds and infringing election law. Lee has denied any wrongdoing and called the indictments politically motivated. “I have been, still am, and will continue to be one of those who have suffered the most from the prosecutors’ abuses,” Lee has said.

这项改革被视为拖累李在明支持率的因素之一,其支持率目前徘徊在40%以下,而其单一五年任期尚剩近四年。韩国盖洛普8月的一项民调显示,半数受访者反对该改革,而27%支持该方案。

The overhaul is seen as one of the factors weighing on Lee’s approval rating, now hovering below 40% with nearly four years still remaining in his single, five-year term. A Gallup Korea poll in August showed half of respondents were against the reform, while 27% supported the plan.

支持率下降在20多岁和30多岁女性中尤为陡峭,专家警告称,犯罪受害者,尤其是难以负担法律服务费用的人群,很可能首当其冲面临调查延误或真空。

The decline in support is especially steep among women in their 20s and 30s, as experts warn that crime victims, particularly those with limited access to affordable legal services, are likely to be the first to face delays or gaps in probes.

此次改革出台之际,正值警方因济州岛一起失踪人员案件过早结案等事件遭受批评。该失踪女性的遗体后来被发现。警方随后下令全国重新调查31万起案件。

The reform comes amid recent criticism of police following incidents such as the premature closure of a missing person case in Jeju. The missing woman’s body was later discovered. The police agency subsequently ordered the reopening of 310,000 cases nationwide.

德成女子大学政治外交学兼任教授徐辉媛(音)表示:“本应是首要利益相关者的女性受害者,在讨论过程中基本被排除在外。”

“Female victims, who should have been among the first stakeholders, have been largely left out of the discussion process,” said Seo Hwi-won, an adjunct professor of political science at Duksung Women’s University.

顺天乡大学警察行政学教授吴允星(音)表示,政客将从这项改革中获益最多。

Oh Yoon-sung, a professor of police administration at Soonchunhyang University, says politicians stand to gain the most from the overhaul.

“归根结底,警察是一个政客更容易控制的组织,远比检察机关过去更容易控制,”吴某表示。“如果局势恶化,检察官可以直接离职去当律师。但如果警察不得不离职,他们基本上就失业了。”

“At the end of the day, the police are an organization that’s just a lot easier for politicians to control than the prosecution ever was,” Oh said. “If things go south, a prosecutor can just walk away and become a lawyer. But if a police officer has to leave, they’re basically out of a job.”

在李在明政府内部不安的迹象中,首任法务部长官郑成浩在对执政的共同民主党以“光速”推进改革表示警觉后辞职。

In a sign of the unease within Lee’s own government, his first Justice Minister Jeong Seong-ho stepped down after voicing alarm over the ruling Democratic Party’s push to enact the reform at “the speed of light.”

郑成浩在被热麦克风捕捉到的讲话中表示:“看着刑事诉讼法的修订过程,我对韩国正在发生的事情以及我们的刑事司法系统深感忧虑。”郑成浩本人是一名律师,也是共同民主党五届国会议员。“我真心感到非常担忧,认为日后我无法承担这份责任。”他的继任者提名人金承元随后撤回候选人资格,此前警方重启了对他涉嫌就新冠相关药物进行游说的调查。这使得部长职位在重大改革时期处于空缺状态。

“Watching the process of revising the Criminal Procedure Act, I’m deeply concerned about what’s happening to South Korea and to our criminal justice system,” Jeong was heard saying in remarks caught on a hot mic. Jeong is himself a lawyer and five-term Democratic Party lawmaker. “I’m genuinely so worried that I don’t think I could bear the responsibility later.”Kim Seung-won, his nominated replacement, then withdrew his candidature after police relaunched an investigation into his alleged lobbying over a Covid-related drug. That leaves the ministerial position open at a time of major reform.

时代精神研究所所长严庆荣表示:“当李在明的支持率很高时,这些问题没有引起太多关注。但随着他的支持率下降,人们开始质疑他的能力,对其品格和适任性的担忧浮出水面。”这位首尔智库负责人说:“除非他能找到扭转民意的办法,否则压力只会越来越大。”

“When Lee’s approval rating was high, these issues didn’t attract as much attention. But as his ratings have fallen and people have begun questioning his ability, concerns about his character and suitability have risen to the surface,” said Eom Kyeong-young, director of the Zeitgeist Institute, a Seoul-based research group. “The pressure will only grow unless he can find a way to turn public sentiment around.”