형사사법절차 전자화의 쟁점과 그 해결방안

Abstract

In the age of information it is significant to computerize the criminal process for the purpose of guaranteeing fairness, efficiency and transparency. However, the criminal process has distinctive features which are different from other administrative processes. The computerization of the criminal process has to consider those elements. This study has explored three issues regarding the computerization of the criminal process. The first issue is efficiency of the system. To maximize efficiency of the computerization, it may be desirable to establish an integrated system of criminal justice services. However, this is inappropriate when considering the characteristics of the administrative bodies. The organizations involved in the computerization of the criminal process want the other agencies to respect their independence. As a result, an associated system is more appropriate than an integrated one. Secondly, it should reflect on the types of crimes. Rather than serious crimes, it is easier to computerize petty crimes. Finally, computerizing of documents has a limitation to confirming their facts. Investigative interview reports need a signature of the interviewee which makes computerizing difficult. However, the documents of the authorities, e.g., warrants, indictments and judgments, are relatively easy to be computerized since they can be confirmed by electronic signatures. Also, it is significant to modify relevant laws and rules so that they can correspond to the ideals of the criminal process system. Considering the point, it is essential to conduct various studies on the computerization of the criminal process, to cooperate with criminal justice services and to lead citizens to take part in.