공소시효의 정지와 중단의 관계 - 연혁적·비교법적 고찰을 중심으로-

Abstract

The suspension of statute of limitation, currently, in Korean criminal procedure law originally affected by Japanese criminal law accepting the interruption of statute of limitation from the French Criminal System is only conceded. Whileas the interruption of statues of limitation had been abolished and replaced by the suspension system with remaining the period of suspension of the statute of limitation in the process of the adoption and enactment of Korean criminal procedure law. The primary reasons of altering to the current system is that there can be the possibility of the defendant’s disadvantage and keeping the right to defend themselves. However, the absence of a interruption system leads to drawbacks of such a short period of the statute of limitations period. As a result, recent legislation extending and excluding the statute of limitations has been made. This article attempts to argue the necessity of adopting the interruption system and diversifying the reasons of interruption and suspension by accepting the cases of the advanced countries’experiences to reform the statue of limitations in France and Germany. In addition, it is necessary not to extend or exclude the period of the statute of limitations in the direction of securing the punishment of criminals but keeping its original intention which is to overcome the problem of the difficulties to discover truth due to the passage of time making the evidence gone and to exercise of the defendant's right to defend.