형사절차상 연하물 강제배출의 허용성과 그 한계

• 영문명: Allowance and Limit of Forced Outlets of Objects in a Throat on Criminal Procedure
• 발행기관: 원광대학교 법학연구소
• 저자명: 신이철(Shin, Yi-Chul)
• 간행물 정보: 『원광법학』제26권 제4호, 293~313쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.12.30

영문 초록

These days, with advancement of scientific investigation method, the process of evidence collection has been on gradual increase of cases to the entire human body as an objective and core evidence collecting means. Nevertheless, the investigation about inside body has no little possibility to cause the physical disability and damage of the object or significantly infringe on personality right by nature. After all, in the process of discovering substantial truth, it is an issue to be discussed from the viewpoint of how to protect the human right of the party concerned. Here it will not always desirable to absolutely deny and prohibit forced outlets of objects in a throat conducted under very strict requirements and standards before proceeding research into other substitute means except for forced outlets of objects in a throat. Finally, it will have to accept that to the category of law by setting out written provisions on stern requirements and procedures to minimize infringement on personality right. So we can refer to § 81a, the criminal procedure law, Germany from a theory of legislation.

목차

Ⅰ. 서 설

Ⅱ. 연하물 강제배출의 성격과 허용 여부

Ⅲ. 허용요건

Ⅳ. 절 차

Ⅴ. 결 론

참고문헌

Abstract

키워드

연하물 강제배출 구토제 신체검사 신체수색 과학수사 Forced outlets of objects in a throat Emetic Physical Examination Body searches scientific investigation