형사소송법 개정에 따른 수사절차 변화에 관한 소고

Abstract

Prior to the revision of the Criminal Procedure Act, the prosecution was criticized for excessive concentration of authority as a state agency with authority at all stages of criminal proceedings, and was sometimes controversial for unfair investigative intervention. When the risk of illegal or insufficient investigation can be regulated, that is, the discovery of substantive truth in criminal proceedings by due process may not be hindered. In short, the revision of the Criminal Procedure Act does not deprive or reduce the authority of prosecutors, but reorganizes the prosecution and police into a cooperative relationship through mutual checks and balances to promote the principle of due process and to discover substantive truth.
 Illegal and insufficient investigations raise concerns not only for the prosecution but also for the police. Therefore, the revised Criminal Procedure Act closely established appropriate procedural conditions for proper criminal justice through a check system for police investigations, such as the right to request supplementary investigation, copy of case records, transfer, and disciplinary action. What is important here is that the change in the investigation procedure is not a status relationship between the prosecution and the police, but a “cooperative role-sharing relationship” and should function as a “companied peer relationship” for the right criminal justice. In other words, the prosecution's control system for police investigations should be established on the premise of a companion peer relationship.