경찰수사 절차에 있어서 인권보호제도의 문제점과 실효적 개선방안 -피내사자와 범죄 피해자의 인권보호를 중심으로-

Abstract

Control Systems in criminal justice should be needed to guarantee and protect the Human Rights of Suspect, because the Preliminary Investigation itself is general practice which does not have legal basis, and substantive investigation. First, the Police should obey the “Due Process Law” of basic principles of criminal procedure in the Preliminary Investigation. To make this rule obeyed, the radical Prowl should be practiced. And Preliminary Investigation's abuse should be controlled, because there is wrong practice which criminal procedure law does not apply it and without legal restrict. Second, to make the Human Rights' Protection thoroughly, it should be needed that definite legal basis on the Preliminary Investigation. And to guarantee the procedural justification, “ex-Regulations on the police investigation and management”, which is related on the Preliminary Investigation, should be established in the presidential decree “the Statute on investigation direction of Prosecutors to the Police and investigation rule of the Police”. “Regulations on the special police investigation and management”, “Regulations of Investigation” should be revised. Third, the suspect's status should be protected and guaranteed by the substantial ways which the Suspect and Criminal Suspect have the same legal status in criminal procedure law, and which Suspect's rights of procedural protection should be guaranteed thoroughly. On the other hand, to protect the human rights of crime victim who treated as a Testifier and Witness in investigation process, first, investigator should investigate the crime victim with the thoughtless, lest the crime victim get the Secondary Damage. Second, “Right to be informed” should be also protected, which is the basic rights of crime victims. Third, as the role of investigator like the Police is very important not to damage the Secondary Damage, investigator should develop the Risk Evaluation Index to forecast the possibility of secondary damage, and prepare the proper measures to protect the crime victim according to the Evaluation.