경찰유치에 있어서 수사와 구금의 분리

• 영문명: Separation of Investigation and Custody in Police Detention
• 발행기관: 한국형사정책학회
• 저자명: 김태명(Kim, Tae-Myeong)
• 간행물 정보: 『형사정책』刑事政策 第25卷 第1號, 249~281쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.04.30

영문 초록

According to the Administration and Treatment of Correctional Institution Inmates Act pretrial detainees, in principles, should be held in detention facilities (jail) under the authorities of the Justice Ministry before they are indicted. However usually the detained suspects are kept in police station cells(lockups) for up to 10 on the ground of Criminal Procedure Act that allow a police officer to hold an arrestee for up to 10 days before the police officer bring him/her a prosecutor. This ten days are frequently used by the investigative authorities to gain confessions from the suspect. In Korea the police custody system has been criticised as a hotbed for infringement on the rights of citizens like coerced confession, violation of right to counsel etc. The problem lies in the supervision of lockups by the police forces responsible for investigations, whereas jails are supervised by a professional corps of prison guards who are not involved in the investigative processes. So many issues that have risen in the police station cells have its origin in defects of acts and subordinate statutes on police custody. Like in Korea Daiyō Kangoku, which are detention cells found in police stations which are used as legal substitutes for detention centers, has been controversial because of its role in eliciting confessions from criminal suspects in Japan. Contrary to the situation in Korea and Japan, the legal and institutional devices on the pretrial detention in United Kingdom are overhauled through the Police and Criminal Evidence Act 1984(PACE) that mainly deals with police powers to search an individual or premises, including their powers to gain entry to those premises, the handling of exhibits seized from those searches, and the treatment of suspects once they are in custody, including being interviewed. In this study I handled the problems that caused in police jail and suggested the separation of investigation and custody as the way to solve them considering practices and regulations of United Kingdom.

목차

Ⅰ. 머리말

Ⅱ. 우리나라 미결구금 관련법령 및 경찰유치 제도와 실태

Ⅲ. 일본과 영국의 경찰유치제도

Ⅳ. 우리나라 경찰서유치장 제도의 문제점과 수사와 구금의 분리

Ⅴ. 맺음말

Abstract

키워드

경찰유치 경찰서유치장 수사와 구금의 분리 대용감옥 경찰과 형사증거법 police custody police station cell separation of investigation and custody Daiyō Kangoku Police and Criminal Evidence Act(PACE)