국민참여재판과 항소

• 영문명: Civil Participatory Trial System and Appeal
• 발행기관: 한국형사정책학회
• 저자명: 임보미(Lim, Bomi)
• 간행물 정보: 『형사정책』刑事政策 第24卷 第3號, 39~65쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.12.31

영문 초록

Examination of the current status of the Civil Participatory Trial reveals higher appeal rate than regular trials. In particular, the appeal rate by prosecutors is considerably high while the annulment rate at appellate reviews is low. The grounds for appeal set forth in the Criminal Procedure Code, Article 361-5 has remained untouched since the Code's 2nd revision in 1963, and they need to be re-interpreted to take account of the cases tried through Civil Participatory Trials. Also, in the current context where the prosecutor's appeal against not-guilty judgements is taken for granted, the Civil Participatory Trials may function as the starting point for prohibiting appeals against not-guilty judgements Regular trials and Civil Participatory Trials are different from each other in terms of the ideas behind each system and the principle of trial-oriented evidence law. In addition, the appellate reviews of the two systems need to be managed in different ways, as the latter employs a unique procedure in which the defendant and prosecutor determine the fact-finders of his/her own case. The interest in and importance of appellate reviews have recently increased with the adoption of participatory trial system and changes in public trial in the courts of 1st instance. Active and constant discussions are required in order to ensure the appellate trial system to play its essential role of defendant protection while preserving the original intent behind the adoption of the Civil Participatory Trial system.

목차

Ⅰ. 들어가며

Ⅱ. 국민참여재판의 항소현황

Ⅲ. 항소이유의 재해석

Ⅳ. 참여재판과 무죄항소 금지

Ⅴ. 항소심 구성에 관한 논의

Ⅵ. 결론

참고문헌

Abstract

키워드

국민참여재판 항소 항소이유 무죄항소 항소심 civil participatory trial appeal grounds for appeal appeal against not-guilty judgement appellate court