형사절차상 통지 대상자와 권리행사자의 범위에 대한 문제점과 개선방안

Abstract

In the case of voluntary accompanying or arrest by an investigative agency, certain facts or rights are required to be notified so that the accompanying person does not interfere with the safety, condition, or future exercise of defense rights, and the notified person is prescribed at each stage of criminal proceedings. In this way, notifying a person who has a certain relationship with the companion is to secure the principle of disclosure of criminal proceedings and the legitimacy of criminal proceedings.
 However, in the case of voluntary accompanying, it is not reasonable to stipulate that only the police officer's job execution law is notified and not stipulated in other laws. Therefore, even in the case of voluntary accompanying, the freedom of the companion's body is limited, so in order to guarantee the right to defend, it must be revised to notify the subject such as personal arrest. The person who has received the notification must be able to claim various rights, etc. for the parties. However, it is unreasonable because the subject of the notification and the claimant do not currently match. The subjects of the current notification are “lawyers, legal representatives, spouses, immediate relatives, siblings,” and “family members, cohabitants, and employers” can only request arrest, binding pride, or bail. This should be viewed as an inconsistent problem of the subject of notification or the claimant. The subject of the notification is to guarantee the party's right to defend, so it is necessary to expand the scope.
 If there is a lawyer, the scope of the subject should be notified to the lawyer, and in the case of minors, etc., the legal representative should be notified, and in the case of marriage, the spouse should be notified. Next, relatives should also be revised to be the subject of notification. In addition, since there is no person to notify, the person behind the fact-marriage or foreign worker must notify the cohabitant, and it is reasonable to revise it to notify the employer in case there is no cohabitant. It is considered that the subject of the notification is reasonable to amend to 'lawyers, legal representatives, spouses, relatives, cohabitants, and employers'.