변호인의 피의자신문참여권

Abstract

The right to counsel is regarded as a basic right not only for a suspect under custody but also for a non-arrested suspect as well. It is a constitutional right founded in Section 1 and 4 of Article 12, and Article 27 of Constitution. The right to counsel includes the right entitled to have the presence of counsel during interrogation by law-enforcement. The Criminal Procedure Law revises to guarantee all suspects have rights to counsel during interrogation. The right to counsel is a constitutional right which is materialized at a subordinate criminal procedural law. Therefore, it shall be differentiated from other statutory rights not directly derived from Constitution. According to the Criminal Procedure Law, the right to counsel during interrogation can be exercised by both suspects and counsels. However, such a right entitled to a counsel is not a constitutional right, which shows distinctive difference from a suspect-originated right to counsel.