개정 형사소송법상의 공소장일본주의

• 영문명: The Principle of ‘Written Indictment Only’ in the Revised Criminal Procedure Act
• 발행기관: 경희법학연구소
• 저자명: 양동철(Yang, Dong-Chul)
• 간행물 정보: 『경희법학』제45권 제1호, 303~339쪽, 전체 37쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2010.03.30

영문 초록

Article 118 (2) of the Criminal Procedure Rule provides that “The indictment should not be accompanied by any documents or any other materials which are likely to give prognosis to the judge concerning the case, and their contents should not be cited also”. It is called “the principle of written indictment only”. In case the principle is violated, the public prosecution shall be dismissed by judgement. The legislative purport of the principle is to guarantee the principles of fair trial in adversary system of criminal procedure. However, the principle of written indictment only inevitably is bound to have certain limitations in relation to other principles of criminal procedure. At the stage of indictment filed, ‘the principle of written indictment only’ is in conflict with the article 118 (2) of the Criminal Procedure Act. As criminal proceedings progressed, ‘the principle of written indictment only’ are constrained. by pretrial arrangement or discovery procedure, etc. In the recently revised criminal procedure system, pretrial arrangement and discovery procedure are introduced. For that reason, it is necessary to reinterpret ‘the principle of written indictment only’ with respect to them. This Article starts with a review of the history of ‘the principle of written indictment only’ and its legislative precedents of foreign countries. Secondly, it analyzes leading judicial precedents and theories of domestic and abroad. Finally, it suggests criteria on that issue and possible solutions to the problems.

목차

l. 서론

ll. 공소장일본주의의 연혁과 근거

lll. 개정 형사소송법상 공소장일본주의의 의미와 지위

lV. 공소장일본주의의 내용과 한계

V. 글을 마치면서

키워드

공소장일본주의 공판중심주의 공정한 재판 당사자주의 증거개시 공판준비절차 principle of ‘written indictment only’ trial-focused principle fair trial adversary system discovery pretrial arrangement