내사사건의 통제방안에 관한 연구

Abstract

An interim Investigation cases mean determining whether there actually was a crime committed before the case is formally filed as a criminal case. The prosecutor's office deals with the petition, appeal, letter of information, the interviewing of victims, checking departmental records and computer files, seeking information from informants and using undercover operatives to gain information from the suspect. The problem is that the term 'interim investigation' is not stipulated in the Code of Criminal Procedure. But it is evident that an interim investigation case is not a word in an official act and it has been expanded based on the procedures in practice. As you can see, an interim investigation case by the prosecutor is being utilized more often under the situation where the legal control is not adequately provided. This study proposes that the interim investigation and the normal investigation should be differentiated in terms of the natural perspective. The natural perspective claims that the interim investigation and the normal investigation should be distinguished not based on whether the investigator followed the official filing procedure but whether the suspicion was expressed publicly. Also, it is very important that interim investigation should be control by the law.