[논문] 피의자신문에 있어서 인권보장 및 방어권 강화 방안

• 영문명: Measures to ensure human rights and reinforce self defense rights in the suspect examinations.
• 발행기관: 한국형사법학회
• 저자명: 서보학
• 간행물 정보: 『형사법연구』형사법연구 제20권, 255~276쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.01.23

영문 초록

The discussion in this paper can be briefly summarized as follows. First, the summons which is not allowed to contain any false facts must make it clear why the suspect is summoned and be notified at least 48 hours before the show up time in a written form. The suspect under arrest should not be examined repetitively under compulsive conditions. The ritual of arresting the suspect on the spot who has responded to the summons should be strongly prohibited. Second, the right to reject statements is to be notified before the examination in a clear way. and this notification should be made verbally. Even in the identity interrogation, the suspect needs to be informed of the right to reject statements as well. Third, to eradicate harsh and cruel investigations, outsiders should be encouraged to participate in the process, by which the investigations may become less secretive and less closed. An overnight investigation must be prohibited by law, and independent organizations should be given the authority to investigate and punish human rights infringement cases which happened during the suspect examinations. Fourth, to guarantee a fair and just suspect examination, the suspect is to have the right to refuse a certain prosecutor and to take another in his interest. Fifth, the prosecutor must have the suspect examination under his direct control and the suspect should have the absolute right to inspect and ask for the alteration of the written record. Sixth, as one of the steps to prevent human rights invasion and to provide equal self defense opportunities. the presence of the defense lawyer at the examination site is strongly recommended as well as the presence of the family members and persons whom the suspect trusts. Seventh, the system of courtappointed lawyers should be expanded even for the suspect as well. so that his human rights may be protected. Eighth, when the validity of the examination report by the prosecutor as part of evidence is restricted to the same level as that of the report by police, the court decision will playa central role, and the investigation ritual to force a confession by any means will disappear, which may in turn bring about the effectiveness of investigation force and convenience of the public.

목차

1. 문제의 제기

2. 피의자신문과 적법절차 준수를 통한 인권보장

3. 피의자신문조서 작성절차의 위법과 증거능력

4. 기타 인권보장적 피의자신문을 위한 제도적 보완 장치

5. 결론

Abstract