현행 공소제기의 문제점 및 개선방안 연구

Abstract

Until now, the Korean Criminal Procedure Act has taken strict written precautions to guarantee the defendant's right to defend, requiring prosecution only in writing. In recent precedents, the prosecution was dismissed, breaking the practice of storing tens of thousands of documented crime lists on CDs, etc. and attaching them to the indictment. However, if a large amount of digital evidence is used, such as a personal information leakage case, the processing may take excessive cost and time, and the complexity of verification procedures due to documentation may weaken the strong evidence capability of digital evidence.
 Accordingly, through the analysis of actual investigation cases and precedents, this paper derived electronic measures to improve prosecution to guarantee the Defendant's right to defend against the current prosecution method that significantly delays investigation processing in the changing ICT environment. In particular, prior to the enforcement of the Criminal Procedure Electronic Documents Act to digitize data generated at all stages of criminal justice procedures, the necessity of preparing an institutional device to electronically manage prosecutions was raised. On the other hand, even if electronic prosecution is included in the Criminal Procedure Electronic Documents Act, a conflict between the two laws is inevitable as long as written principles are adhered to in the Criminal Procedure Act. This paper proposed amendments focusing on Articles 254 and 266 of the Criminal Procedure Act and Article 118 of the Criminal Procedure Rules as the legal basis for judgments to recognize electronic criminal schedules in criminal proceedings.