형사사법절차에서의 진술거부권에 대한 연구

• 영문명: The Study on the Right to remain silent in Criminal Proceeding - Victim as Witness and criminal SuspectㆍDefendant as the subject of the Interrogation -
• 발행기관: 한국피해자학회
• 저자명: 오경식(Oh, Kyung-Sik)
• 간행물 정보: 『피해자학연구』제19권 제1호, 315~338쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.06.30

영문 초록

There has been a long history of trying to protect and increase the rights of the accused and the defendant. During this long history, the criminal victims were kept at a distance from the judicial system. To the present, the crime victims are more important than the accused and defendant in judicial system. The amendment of the criminal procedure law elevates the victim's right in the judicial system. But the most important thing in criminal proceeding is a fair trial. A fair trial is when there is a balance between the prosecutor and the defendant. According to the criminal procedure law, the right of the prosecution to question the defendant can exclude the right of the defendant to remain silent, because current law recognizes the right of the prosecution and defence attorney to question independently from the right of the defendant to remain silent. The prosecuting attorney can question the defendant only if they tell that he does not have to answer all the questions. But the decision is up to the defendant whether to refuses all questions from the beginning to the end, or to partly reply and partly refuses. Therefore this article attempts to analyze 'the right to take part in trial' of the victims' and 'the right to remain silent' of the defendants in criminal proceeding.

목차

Ⅰ. 서론

Ⅱ. 형사소송절차에서의 진술의 범위와 소송법적 가치

Ⅲ. 피해자의 법정진술권과 피고인의 진술거부권 고지의 과정

Ⅳ. 법정진술권과 진술거부권의 내용

Ⅴ. 선택적 진술거부의 법리문제

Ⅵ. 결어

참고문헌

Abstract

키워드

법정 진술권 진술거부권 선택적 진술거부권. 피해자의 진술 피고인의 진술 the right to take part in trial' of the victims the right to remain silent the victim's right A fair trial