사법협조자 형벌감면에 대한 소고

Abstract

The penalty reduction system for judicial assistants is a system that effectively reveals and prevents third parties' crimes by providing benefits that reduce or exempt criminal punishment for criminal participants who contribute to the discovery and punishment of other accomplices' crimes through confessions or testimonies. The purpose of the criminal justice system is to protect the legal interests essential for maintaining the community, which is achieved through the definition of criminal procedures that criminals are investigated, indicted, and convicted according to the law. Regarding the introduction of the penalty reduction system for judicial assistants, the purpose of the criminal justice system is the protection of legal interests, which are indispensable for maintaining the community, and this is achieved through the definition of criminal procedures in which criminals are investigated, prosecuted and convicted according to the law. but making a decision on fact-finding and sentencing through negotiations with insiders makes criminal legal issues like private sector transactions, making the basis of the criminal justice system of substantive truthfulness unsuitable However, if the criminal suspect has the right to have the prosecutor prove his or her crime through the privilege of self-incrimination, then the prosecutor also has the right to seek a severe punishment for the most serious crime that can be proven. It is also acceptable to voluntarily exchange one's rights instead of exercising one's rights, and to forbid exchange is to violate the right itself. Above all, the statement of the judicial assistants is a statement of other accomplices or all crimes, which reasonably takes into account the reduction of one's own punishment. therefore, the statement of other accomplices or the entire crime cannot be said to be a statement against the judicial assistants himself, so it did not violate the right to refuse to make a statement. Rather, the law needs to contain the reality of a judicial operating environment in which it is difficult to find crimes and secure evidence in that the law must actively capture the changing demands of the times with practical consensus reflecting the spirit of the times and citizenship. However, there is a possibility that prosecutors may deviate or abuse the right to indict, it is necessary to continuously discuss the direction in which the judicial assistants penalty reduction system can be operated fairly.