내사사건의 통제방안에 관한 연구

• 영문명: A Study on the Control of an interim Investigation cases
• 발행기관: 한국형사정책학회
• 저자명: 정웅석(JEONG Oung-Seok)
• 간행물 정보: 『형사정책』刑事政策 第20卷 第1號, 279~300쪽, 전체 22쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

  An interim Investigation cases mean determining whether there actually was a crime committed before the case is formally filed as a criminal case. The prosecutor"s office deals with the petition, appeal, letter of information, the interviewing of victims, checking departmental records and computer files, seeking information from informants and using undercover operatives to gain information from the suspect. The problem is that the term "interim investigation" is not stipulated in the Code of Criminal Procedure. But it is evident that an interim investigation case is not a word in an official act and it has been expanded based on the procedures in practice.
  As you can see, an interim investigation case by the prosecutor is being utilized more often under the situation where the legal control is not adequately provided. This study proposes that the interim investigation and the normal investigation should be differentiated in terms of the natural perspective. The natural perspective claims that the interim investigation and the normal investigation should be distinguished not based on whether the investigator followed the official filing procedure but whether the suspicion was expressed publicly. Also, it is very important that interim investigation should be control by the law.

목차

Ⅰ. 서설
Ⅱ. 외국의 입법례
Ⅲ. 내사와 수사의 구별
Ⅳ. 내사사건에 대한 통제방안
Ⅴ. 결론
참고 문헌
ABSTRACT

키워드

내사사건 내사사건에 대한 통제 검사의 체포ㆍ구속장소 감찰 내사와 수사의 구별 interim Investigation cases the Control of an interim Investigation cases discrimination of the interim Investigation and the Investigation