변호인의 피의자신문참여권

• 영문명: The right of suspect to have a lawyer present during pretrial interrogation
• 발행기관: 한국형사법학회
• 저자명: 조기영(Cho Gi-Young)
• 간행물 정보: 『형사법연구』형사법연구 제19권 제4호, 303~328쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.01.22

영문 초록

  In Korea, interrogation of suspects is regarded as a linchpin of the investigation process. Although the protocol including suspect"s statement at the investigative stage is of paramount importance in criminal procedure, questioning by police and prosecutor has been principally conducted without presence of a lawyer.
  Legislation in 2007 improved the suspect"s position as a subject of process by provide for a right to have a lawyer present during pretrial interrogation. This legislation (§243, 2) sustained by the academic world amended a provision offering suspect"s right to counsel during interrogation almost without any restrictions.
  On the occasion of enforcement this article describe and identify a variety of interpretive issues and try to resolve possible problem related to that issues under New Provision.
  The conclusion of this study is that suspect"s right to lawyer"s presence during interrogation might be able to understood as a right originate in Korean constitutional law, and any restrictions on that right must be justified on objective and reasonable criteria, according to the term of new provision, ‘justifiable reason", and ‘justifiable reason" should be interpreted in a narrowly restrictive way.
  Even more important than restrictive interpretation is how to install and practice this suspect"s right. Especially it is important to realize that indigent suspect also could have a lawyer during his interrogation. This is of paramount concern for the future of the new amendment.

목차

Ⅰ. 서론
Ⅱ. 개정법상 변호인의 피의자신문참여권
Ⅲ. 개정 형사소송법 제243조의2의 해석론
Ⅳ. 변호인의 피의자신문참여권의 향후 운영 방향
Ⅴ. 요약 및 결론
〈Abstract〉

키워드

피의자신문 변호인참여권 정당한 사유