2010년 형법총칙개정법률안의 주요내용과 문제점

Abstract

The purpose of this paper is to introduces the main contents of The 2010 Revised Draft of the General Provisions in Korean Criminal Act(the Draft 2010), to point out some problems of the Draft and to suggest some reasonable alternatives. The Contents of this paper is as follows :Ⅰ. Introduction Ⅱ. The Main Contents of the Draft 20101. The New Provision of nulla poena sine lege 2. The New Provision of the Cosmopolitanism 3. The Revision of the Elements of Crime and the Exemption or the Mitigation of Punishment 4. The Revision of the Co-Principals 5. The Abolition of Aggravating Punishment of the Repeated Crime 6. The Adjustment of the Kind of the Punishments 7. The Introduction of the Protective Confinement into Korean Criminal Act Ⅲ. The Problems of the Draft 2010 and the Alternatives 1. General Evaluation of the Draft 20102. The Problems of §2(The Timely Limit of Application) and the Alternatives 3. The Problems of §22 paragraph 3(actio libera in causa) and the Alternatives 4. The Problems of §32(Co-Principals) and the Alternatives 5. The Problems of §41(Term of Imprisonment) and the Alternatives 6. The Problems of §49(Discretionary Mitigation) and the Alternatives 7. The Problems of Protective Confinement and the Alernatives