대인적 강제처분에 관한 현행 형사소송법의 개정방안

Abstract

The arrest and detention of a suspect is a kind of necessary evil for efficient execution of criminal procedure. However thinking the compulsory investigation of giving severe pain to the suspect, how to mix them is also a very important problem that we have to solve. In this thesis, I pointed out the problems that our arrest and detention system have, and suggested my opinions on them especially from the point of legislation. Of course I am very cautious in dealing this problems between the efficiency of criminal sanction and the protection of the fundamental human rights. At first, I can indicate the fact that one of the necessary conditions of the arrest by warrant is the suspect’s absence or the fear of absence. but this condition has to be deleted for the efficiency of arrest. And the criminal investigator can ask the warrant for detention to the judge in 48 hours in case of emergency arrest according to the current our criminal procedure Act, but it must be changed to ask the both warrants for arrest and detention in the same period. The possibility for fighting against the decesions made by judge on their arrest and detention has to be guaranteed. It is necessary to make the standard for the arrest and detention of a suspect. And finally, we have to deny the obligation of suspect to be present and to stay for the interrogation to prevent their right to remain silent.