수사절차상 참고인 강제구인제도에 대한 비판적 검토

Abstract

The investigative agency presents the need to introduce the system for compulsory arrest of the witness for reasons such as the finding of substantive truth, the quick processing of the case and the like. This is seen to take into consideration the efficiency of investigation and the expediency of investigation. The current Criminal Procedure Law requires the evidence preservation application system(sec. 184) and the witness examination claim system(sec. 221-2) as the method of forcing the witness to attend in case the witness disobey attendance for no justifiable reason. Improvement is needed in a method of making use of the original intent of the witness examination claim system rather than the introduction of the system for compulsory arrest of the witness. It is claimed that the system for compulsory arrest of the witness should be introduced through a form of new legislation for reasons such as the delay of procedures,the leakage of investigative secret and the like though the system for compelling the witness to attend the court in the Criminal Procedure Law exists. This claim is thought be undesirable in terms of the principle of voluntary investigation and the prevention of human rights abuse. Therefore, this study attempted to make a deep examination of the problem of the witness examination system and grounds for pros and cons of the need for introduction of the system for compulsory arrest of the witness in the procedures of investigation and then present views on the validity of introduction