형사소송법개정안의 양형자료조사제도에 대한 검토

• 영문명: Study on the Presentence Investigation in the Reformbill of the Criminal Procedure Code
• 발행기관: 한국형사정책학회
• 저자명: 김재봉(Kim Jae-Bong)
• 간행물 정보: 『형사정책』刑事政策 第18卷 第2號, 213~236쪽, 전체 24쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  Presentence Investigation refers to the examination of a convicted offender"s background prior to sentencing. Presentence Investigator gathers various kinds of information, including personal information and identifying data describing the defendant, a chronology of the current offense and circumstance surrounding it, a record of the defendant"s previous convictions, home life and family data, educational background, health history and current state of health, military service, religious affiliation, financial condition etc. The data comes to the judge in the form of a presentence investigation report(PSR). All the information in the report helps the judge decide what an appropriate sentence will be. Moreover the knowledge in the report can be used in the other stage in the criminal procedure: for example, by the prison officer, by the parole board, by the probation officer, by the parole officer and by the correctional researcher. The concrete form of presentence investigation varies in countries. In U.S.A. the presentence investigation is evaluated not only in federal jurisdiction but also in every states as essential part of sentencing. The federal statutes that regulate this system are the federal rule of criminal procedure § 32, the federal sentencing guideline, U.S.C. Title 18 §3552. In England a presentence investigation was first enacted into Criminal Justice Act 1991, and now it is regulated by Criminal Justice Act 2003, Powers of Criminal Courts(Sentencing) Act 2000, and National Standards for the Supervision of Offenders in the Community. In Germany a presentence investigation is based on the criminal procedure code. In Japan it has been so long discussed about the introduction of the presentence investigation, but it is not yet accomplished. It is desirable that a presentence investigation is to be introduced in our Sentencing system. But the reformbill has several problems, for example, as to authorized officer, starting time and object of investigation, procedure of sentencing hearing etc. In oder to form an appropriate system, we need more examination of the bill and cooperation of related authorities.

목차

Ⅰ. 시작글
Ⅱ. 외국의 양형자료조사제도
Ⅲ. 우리나라의 양형자료조사 현황과 형사소송법개정안의 내용
Ⅳ. 형사소송법개정안의 양형자료조사제도에 관한 쟁점별 검토
Ⅴ. 마침글
ABSTRACT

키워드

양형자료조사 판결전조사 판결전조사보고서 기소전 조사 사법보조 Presentence Investigation Presentence Investigation Report Court Assistance agency(Gerichtshilfe)