형사절차에서 수사보고서의 의미와 역할

Abstract

If there is a document that is most often used in investigative proceedings, it is probably an investigation report. However, until now there has not been sufficient discussion about the nature and role of investigation reports. From previous discussions, it appears that an investigation report is understood to be a document for internal reporting within an investigative agency. However, this understanding does not properly reveal the essence of the investigation report or encompass the various types of investigation reports written in practice. The cause of the misunderstanding is the lack of understanding that the investigation is part of the criminal prosecution procedure, the form of the investigation report in which a subordinate reports to a superior, and the name of the investigation report that refers to 'report' rather than 'record'.
 Essence means being able to say ‘that is ~’ about an object, and definition is the formalization of essence in language. The primary purpose of writing an investigation report is to record the performance of duties, and the scope of writing is not limited to the investigation, that is, the confirmation of facts (step 2), but also includes the stage of review of applicable laws and regulations in accordance with the legal syllogism (stage 1) and the application of laws (stage 3) in criminal prosecution procedure. Therefore, if we redefine the concept to include all of these, it can be said to be “a document recording atypical prosecution preparation activities necessary for criminal prosecution judgments written in the name of an investigator other than the person authorized to prosecute the case.”
 The investigation report is a means of recording criminal prosecution procedures based on Article 57 of the Criminal Procedure Act, etc., and the investigation report recorded in this way and included in the case record is judgment data such as the judgment of criminal prosecution, the subsequent adequacy review thereof, and the legality and feasibility of the investigative act. As an object of discovery of evidence, it functions as a means of guaranteeing the right to defense of suspects and defendants.
 In order for an investigation report to do its job, it must be faithfully written. If it is a complex case, it is also necessary to prepare an investigation report related to the application of the law or the applicable law so that the reasons for the prosecution can be known. In order to activate the function of the investigative report as a means of guaranteeing the right to defense, a more proactive attitude toward requesting evidence and discovery of evidence in the investigation report is required.