피의자를 위한 국선변호인 제도 확대 적용에 대한 검토

• 영문명: The study on the state-appointed counsel for the criminal suspect
• 발행기관: 한국형사소송법학회
• 저자명: 권순민(Kwon Soon Min)
• 간행물 정보: 『형사소송 이론과 실무』제10권 제1호, 93~119쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.06.30

영문 초록

The State-Appointed Counsel system prevents human rights violation and ensures the fairness of criminal process. According to Article 12 of Constitution of the Republic of Korea “Any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by Act. The State-Appointed Counsel system is used for the defendants at this present time. Exceptively, the state-appointed counsel to a Criminal Suspect are used only for Request for Warrant of Detention and Examination of Criminal Suspect, arrest, and Review of Legality of Arrest and Detention. In the process of Request for Warrant of Detention and Examination of Criminal Suspect, if a criminal suspect subject to examination has no defense counsel, the judge of the district court shall ex officio appoint a defense counsel. And in the process of Review of Legality of Arrest and Detention, when the arrested or detained criminal suspect is not represented by a defense counsel, Article 33 of Criminal Procedure Law shall be apply mutatis mutandis. But this system must promote extended application for the criminal suspect. German and United States are already conducting the State-Appointed Counsel for the criminal suspect. If we introduce this system for the criminal suspect, the right of defendant are ensured and it will be possible to maintain balance with the other rules of Criminal Procedure Law.

목차

Ⅰ. 서론

Ⅱ. 국선변호인제도의 규범과 현실

Ⅲ. 수사절차에서 피의자를 위한 국선변호인 조력의 필요성

Ⅳ. 피의자 국선변호인제도의 실행 범위와 활성화 방안

Ⅴ. 결론

키워드

State-Appointed Counsel Criminal Suspect The Right for the Counsel to Participate Criminal Suspect s Right to Defend Public Defense System