[논문] 피의자신문의 현황과 개선책

• 영문명: The Reality of Interrogation and its Remedy
• 발행기관: 한국형사법학회
• 저자명: 이동희
• 간행물 정보: 『형사법연구』형사법연구 제20권, 219~254쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.01.23

영문 초록

The present Constitution and Criminal Procedure Law have provisions to protect the rights of a suspect and secure the due process in the course of interrogation. In addition, cases and theories has played an active role in interpreting the relevant statutes. However, investigative authorities in Korea cannot be free from a distrust that the current investigative practice are not faithful to the intent of the law and its interpretation. This study, based on the issue, reviews the present law system and the practice of interrogation and sketches the general characteristics of interrogation in Korea. And the reform measures as a solution to the problems verified in the review of the present status of interrogation are presented. More specifically, the law system and practice of interrogation cover the legal nature of interrogation, the subject of interrogation, the methods and procedures. the place of interrogation. the condition to admit interrogation as evidence, the application and its extent of interrogation, the rights to an attorney in the process of interrogation, which draws a conclusion as the characteristics of interrogation in Korea. Finally, the solution of the problems regarding the system of investigative authorities and the admissibility of evidence of interrogation is verified as a prerequisite for the improvement of current status of interrogation, and detailed reform measures such as the reasonable modification of interrogation procedures and the thorough guarantee of the right to an attorney are presented. In particular, legislation of attorney participation in the process of interrogation and the tactics to promote the participation. and in - house lawyer system for investigative authorities are emphasized to secure the right to an attorney.

목차

1. 문제의 제기

2. 피의자신문의 법적 체계 및 운용상황

3. 우리나라 피의자신문의 특색

4. 현행 피의자신문의 개선방향에 관하여

Abstract