From October 2, 2026, every sex crime case is referred to the prosecutor

The core is a single provision

The center of this reform is Article 26-2 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (the “Sexual Violence Punishment Act”, 성폭력처벌법). The provision is to the effect that judicial police officers must promptly investigate sexual violence crimes and then refer the case to the prosecutor, and under Article 2 of the Addenda it also applies to cases already under investigation on the effective date.

Previously, if the police found the evidence insufficient, they could close the case without sending it to the prosecutor. Only when the complainant filed an objection did the prosecutor review the case. Now, whatever the police conclude, the final decision belongs to the prosecutor. For reference, under the amendment to the Criminal Procedure Act that took effect on the same day, the institution to which prosecutors belong is now named the "Prosecution Service."

What people under investigation should take care of

• The finish line has moved · Instead of waiting for non-referral (the police deciding not to send the case to a prosecutor), you must obtain a non-indictment decision from the prosecutor, such as no suspicion, no crime, or a suspended indictment.
• Police-stage records go along as they are · The statement records and submitted materials pass to the prosecutor, so a statement that wavered at the first questioning is hard to correct later.
• Two opinion letters · Submitting an opinion letter arguing no suspicion to the police before referral, and another to the prosecutor after referral, is becoming the usual course.
• It may take longer to reach a conclusion · Because every case is reviewed by the prosecutor.

What people who reported harm should know

Even if the police consider the suspicion weak, the case goes up to the prosecutor, so there is no longer any need to go through the objection procedure against non-referral. Instead, submitting opinion letters and supplementary evidence to the prosecutor is where the case is decided. A victim's attorney can attend interviews and proceedings conducted by the prosecutor and state opinions (Article 27(2) of the Sexual Violence Punishment Act).

Cases closed with non-referral before the effective date

Even if non-referral was decided before the effective date, the new provision may apply if the complainant's deadline for an objection has not passed or the prosecutor has requested a reinvestigation (latter part of Article 2 of the Addenda). First check what stage your case is at.

Frequently Asked Questions

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026