기소사실인부제도의 도입가능성 검토

Abstract

An arraignment takes place after an indictment or information is following a grand jury or preliminary hearing. At the arraignment, the judge informs the defendant of the charge and must make sure that the defendant clearly understands the charge. When the defendant pleads guilty or nolo contendere, the factual trial process is over, and the sentencing trial is arranged. Plea bargaining has been defined concisely as the exchange of prosecutorial and judical concession for guilty. normally plea bargaining is four patterns: ⅰ) the initial charges may be reduced to those of a lesser offence; ⅱ)in case where many counts are charged, the prosecutor may reduce the number of counts; ⅲ) the prosecutor may promise to recommend a lenient sentence; ⅳ) when the charge imposed a negative label attached, the prosecutor mau alter the charge to amore "socially acceptable"one. In 2007, with be introducing a jury trial in our criminal procedure and establishing the principle of trial central , the prosecutor and the judge can not stand many case burdens. specially the prosecutor will have much the burden of proof. In conclusion, to overcome this problems, The introduction of arraignment will have to be examined actively.