수사기관의 무영장체포와 영장주의의 실질적 의미

• 영문명: Arrest without a warrant of investigative agency and practical meaning of habeas corpus
• 발행기관: 중앙대학교 법학연구원
• 저자명: 하태인(Ha, Tae-In)
• 간행물 정보: 『법학논문집』法學論文集 第35輯 第1號, 127~143쪽, 전체 17쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.04.30

영문 초록

Arrest accompanied by the introduction of a voluntary goal to attract, including for the protection and the fight against illegal investigative practices and procedures to ensure the investigation. Arrest system is distinguished from the arrest, has the legitimacy of the purpose, procedures will also be distinguished from confinement. However, due to the arrest warrant documents the human rights of the accused actually does not help. Hearing the trial of legal claims of infringement of protected areas can be seen that. To solve this problem to determine whether the arrest of a legal trial must be held to be switched. Go before a judge immediately after arrest without a warrant of arrest and confinement of the trial, whether due at the same time criticized as unconstitutional if the arrest warrant and of complexity of the procedure can be free from criticism. The real guarantee of human rights and the legal right to be heard will be. The human rights of the accused and the court’s work overload, and when you consider the promptness of the investigation within 24 hours of being issued an arrest warrant that is right. Warrantless arrest for a non-spiritual and material damage suffered by the accused filed a civil suit for damages would have received as well as the integration of human rights procedures, including attorney’s fees, considering the economic aspects of compensation for the accused in criminal proceedings system should be established.

목차

Ⅰ. 들어가며

Ⅱ. 무영장체포에 관한 논란

Ⅲ. 실질적 의미의 영장주의와 절차적 효율성의 조화

Ⅳ. 나오며

참고문헌

[Abstract]

키워드

긴급체포 무영장체포 법적청문권 체포절차 영장주의 emergency arrest arrest without a warrant hearing rights arrest procedure habeas corpus