사회안전과 형사소송법의 변화와 과제

• 영문명: Changes and Tasks of Social Safety and Criminal Procedure Act
• 발행기관: 한국형사법학회
• 저자명: 이승현(Lee, Seung-Hyun)
• 간행물 정보: 『형사법연구』형사법연구 제25권 제3호, 311~337쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.09.30

영문 초록

Criminal procedure Act focuses on preventing crime before the stage of investigation, and focuses on securing evidence and arresting criminal at the stage of investigation, aiming at social safety. Under the criminal procedure Act, therefore, it tends to be required to make the best use of scientific technical means, expand polices’ rights of intervention and compulsory execution. In order to find substantial truth, Criminal Procedure Act may abolish statutory limitations of heinous crimes, expand polices’ intervention into domestic violence, actively use scientific technical tools including GPS electronic monitoring program, DNA database, packet inspection and so on, and enhance compulsory measures including forced blood collection and so on. But, excessive expansion of criminal procedure Act may result in restricting or reducing the people’s fundamental human rights. So, criminal procedure Act should be changed, as follows. Firstly, abolition of statutory limitations should be considered prudently within the scope of ex post facto principle, and forced blood collection should not be conducted without post-warrant, so as not to infringe essentials of due process of law. Secondly, strengthening investigation excessively, such as police searches of house. Thirdly, as regards using DNA database, the relationship with certain crimes should be informed at the time of collecting a sample, and GPS electronic monitoring program and packet inspection should follow detailed legal procedure. Finally, search and seizure of digital evidence should be only allowed exclusively on the site.

목차

Ⅰ. 서론

Ⅱ. 사회안전과 형법

Ⅲ. 사회안전 구축을 위한 형사소송의 변화 형태

Ⅳ. 진정한 의미의 사회 안전을 위한 형사소송의 과제

Ⅴ. 결론

참고문헌

Abstract

키워드

사회안전 형사소송법 공소시효 폐지 위치추적 장치 강제채혈 Social Safety Criminal procedure Act statutory limitations GPS electronic monitoring program forced blood collection