공판준비기일의 합리적 운용방안에 대한 연구

• 영문명: Reasonable Application of Preparatory Proceeding in the Existing Criminal Procedure Law
• 발행기관: 한국형사법학회
• 저자명: 권순민(Kwon Soon-Min)
• 간행물 정보: 『형사법연구』형사법연구 제20권 제1호, 167~190쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.01.24

영문 초록

  Preparatory Proceeding may make trial more efficient and intensive. However this procedure may include to the risk factors that it, with its procedural processes, replaces the trial, or becomes formalistic and skeleton. Its risk factor increases proportionally when the criminal justice has a strong predilection toward economic practicality. That’s one of the reasons why Preparatory Proceeding should not serve solely for the effectiveness or promptness of trials. This must be based on the understanding that it is not to resolve the burden of criminal justice caused by the delay of hearings, one pitfall of the principles of trial-centeredness, but to faithfully execute the Preparatory Proceeding in the existing Criminal Procedure Law well in advance so that focused and substantial trials become possible and, thus, result in prompt outcome. Otherwise, it will just be an institution that assumes the program similar to pretrial hearing and a mode of the trial controlled by judge’s conviction based on the written evidence. The idea of trial-centeredness is that the formation of fact-finder’s conviction must be done in a court in session with the support from the principle of the legal planning of modernization of the criminal procedures. It can be hardly justified that, despite of the factthat the subject is the trial court, the formation of the conviction in the preparatory proceeding is made into a frameworkin a court.
  Therefore the proper role of the Preparatory Procedure should be to maximize the availability of evidence and information and to adequately arrange them for the formation of fact-finder’s rational conviction in a court in session.

목차

Ⅰ. 서론
Ⅱ. 제도의 도입취지와 구성
Ⅲ. 효율적이고 집중적인 심리의 의미
Ⅳ. 공판준비기일절차의 문제점과 대응방안
Ⅴ. 결론
〈Abstract〉

키워드

공판준비절차 공판준비기일 공판형해화의 방지