형 집행정지 제도의 문제점과 개선방안

Abstract

Stay of sentence execution is a system to suspend execution of sentence provisionally for specific reasons in the course of sentence execution in prison (detention center) after decision of sentence of prison labor․imprisonment․detention etc. Among the problems of the current stay of sentence execution are unnecessity of the reason in the Item 2 (those aged over 70), Clause 1, Article 471 of the Criminal Procedure Code, abuse of stay of sentence execution, fairness between stay of sentence execution applicants, weakening of the flexibility of stay of sentence execution due to standardized period of stay of sentence execution, difficulty in execution of remaining prison term caused by the cancellation of decision for stay of sentence execution, possibility to cause evasion of the execution of remaining prison term due to insufficiency of additional conditions at the time of decision for stay of sentence execution. Improvement plans include sufficient examination and deliberation of agenda at the stay of sentence execution deliberation committee, promotion of the efficiency of operation by subdividing the period of stay of sentence execution, deletion of the Item 2 (those aged over 70), Clause 1, Article 471 of the Criminal Procedure Code, supplementation of the reason for cancellation of stay of sentence execution, establishment of a reason for rejecting repetitive application submitted for same reasons, establishment of regulation for enabling public protective or medical facilities to take over offenders without family or friends, or when family refuses to take in the offender. In addition to the aforementioned, establishment of regulation that enables decision for stay of sentence execution prior to commencement of execution of sentence, fast execution of remaining prison term in case decision for stay of sentence execution is cancelled, imposition of additional conditions at the time of decision for stay of sentence execution, establishment of reasons in proportion to the decision of impossibility of enforcement for those who have been notified for stay of execution of sentence for the reason of the Item 7, Clause 1, Article 471 of the Criminal Procedure Code and reason for stay of detention in a workhouse shall also be prepared.