수사절차에서 1차 수사종결권에 대한 고찰

• 영문명: A Study on the Right to End the Primary Investigation in the Investigation Procedure
• 발행기관: 한국형사정책학회
• 저자명: 이원상(Lee, Won Sang)
• 간행물 정보: 『형사정책』刑事政策 第30卷 第2號, 63~86쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.09.30

영문 초록

Recently, the Ministry of Justice, the Ministry of Public Administration and Security, the prosecution and the National Police Agency agreed to adjust their investigative rights. The agreement includes the authority of the police to conclude the primary investigation without any intervention by the prosecution. To sum up the reasons, there are abuses of investigative power by the prosecution, cases of complaints by the police over the prosecution’s investigation direction, the exaggerated power of the prosecution that is not abroad, and the double investigation pain of the suspect. In theory, however, it is doubtful whether the contents of the agreement will improve the criminal procedure law system and protect citizens human rights. Moreover, more external controls are required than internal ones. Therefore, it is worrisome that the police s autonomous right to end the first investigation will benefit citizens. The adjustment of investigative rights is not just a matter of distribution of power by authorities. It is a matter of protecting the human rights of citizens and dealing with crimes efficiently. Therefore, legal experts should closely examine and seek the full understanding of citizens. Moreover, the proposed agreement is not in the form of a completed bill. Several related laws should be amended according to the contents of the consultation. Therefore, the agreement must be thoroughly simulated to prevent legislative errors. And because it is related to various laws, it should be verified and supplemented by legal experts and present detailed bills. Then there should be a process of persuading citizens. That is the best way to reduce trial and error.

목차

Ⅰ. 서론

Ⅱ. 합의문 중 1차 수사종결권

Ⅲ. 수사종결권의 권한분배 가능성

Ⅳ. 합의문의 1차 수사종결권 관련 문제점들

Ⅴ. 입법 시 고려할 사항 및 제언

Ⅵ. 결론

키워드

수사권 조정안 수사권 수사종결권 공소권 불기소결정 The Government’s Plans for Restructuring Criminal Investigations Investigation Rights the Rights to end an Investigation the Right of Arraignment a Disposition not to Institute a Public Action