2022년 형사소송법 중요판례평석

Abstract

In this article, among the Supreme Court criminal precedents sentenced in the field of Criminal Procedure Law in 2022, 10 cases that could be evaluated and discussed in legal practice or criminal law academia were reviewed. If you look at the key issue of the important precedent, the need for arrest as a requirement for arrest of the current offender and the criteria for determining it, legality of remote seizure and search in seizure and search of electronic information, guarantee of the right to participate in the case where the seized person and the suspect are different in the seizure and search, admissibility of evidence in the case of not notifying the consular notification right while arresting a foreigner, whether the substantive authenticity under Article 312 ④ of the Criminal Procedure Law is recognized by video recordings in violation of methods and procedures, whether it is ‘a statement prepared during the investigation process’ and the record of the investigation process, the admissibility of evidence in documents stating the Defendant’s statement by the inspection member of the government joint public service inspection team, end of the sentence of judgment and the limitations of the sentence of change, the temporal scope of the criminal laws and ordinances, effect of filing an appeal by the Defendant in the case where the Defendant’s rapid appeal and the Prosecutor's appeal compete and more. According to the Supreme Court’s case law, it is evaluated that it has set a clearer standard for various issues that can cause confusion in practice, but on the other hand, new problems are raised, so we hope that criticism from working-level officials and researchers will continue. For the convenience of discussion, investigation, evidence, trial and appeal were divided according to the core issues, and the descriptions of each case were organized in the order of issues, summary of judgment, and review.