피의자신문시 변호인참여권

• 영문명: The right to the presence of counsel during interrogation
• 발행기관: 한국형사판례연구회
• 저자명: 전승수(Chun, Seung-Soo)
• 간행물 정보: 『형사판례연구』형사판례연구 제17권, 377~410쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

The Criminal Procedure Act of Korea has not had an explicit provision for the right to the presence of counsel during interrogation until the Article 243-2 of the revised Act took effect on and after January 1, 2008. Whether being in custody or not, a suspect is entitled to have counsel present during interrogation. But while the right to counsel has been the constitutional right, there was discussions on the content and extent of the right. the Article 34 of the previous Act provided the right to counsel for only a suspect in custody and the Article 243 of the previous Act had prescribed only an investigation officer or policeman as those who could be present during interrogation. So the question that a suspect could have a counsel present during interrogation was raised in the practice and the academic circles of law. Many of them had denied the right to the presence of counsel during the interrogation. In November 2003, the Supreme Court of Korea had held that a suspect in custody had the right to the presence of counsel during interrogation. And in September 2004, the Constitutional Court of Korea had determined to confer the right on a suspect without custody. There were advances of the right to counsel through these decisions in Korea. After the 2007 criminal procedure reform, the Act has an explicit provision for the right. Therefore, a suspect is entitled to have a counsel present during the course of investigation and is allowed to get advice from the counsel. Also the counsel is allowed to be present with the client during interrogation. However, unlike the right of a suspect, the right of a counsel is not granted by the Constitution of Korea but by the Criminal Procedure Act of Korea.

목차

Ⅰ. 들어가는 말

Ⅱ. 형사소송법 제243조의 2의 해석

Ⅲ. 대상결정의 검토

키워드

변호인의 피의자신문참여권 변호인의 조력을 받을 권리 변호인의 접견교통권 피의자신문시 변호인참여권 부당한 신문방법 변호인의 의견진술권 the right to the presence of counsel during interrogation the right to counsel criminal procedure reform