개정형사소송법 제196조에 대한 해석과 과제

Abstract

The criminal procedure law, legislated in 1954, defined the prosecution as the main body of investigation and supervisors of the police. Therefore, in Korea, there has been long-running debate between the police and the prosecution over the matter of investigation rights. Recently, in June 2011, the National Assembly passed the bill adjusting the authority of investigation rights in criminal cases by amendment of article 196 of Criminal Procedure Law. The points of the reform is to stipulate investigative rights of police expressly in the law, and to enact the rights of supervision of the prosecution by a presidential decree. The purpose of this article is to examine the meaning of amendment of article 196 of Criminal Procedure Law, and to explore the problem included in the reform act. For this purpose, the contents of this article is as follows. The first chapter is introduction. The second chapter describes the progress of amendment of reform act. The third chapter describes meaning of the new article 196 of Criminal Procedure Law. At the fourth chapter, I arranged the points of problem of reform act and presidential decree. And added to this, at the last chapter, personal opinion about relationship of the police and the prosecution is presented as a conclusion.