긴급체포 및 긴급체포 시의 압수 수색 검증제도의 문제점에 대한 검토

Abstract

The arrest and detention of a suspect is a kind of necessary evil for efficient execution of criminal procedure. However thinking the investigation by compulsion give 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 emergency arrest and emergency search and seizure 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 thought that the 'probable cause' needed to all kinds of our arrest and detention system has the same meaning and extent. And the criminal investigator may ask the warrant for detention to the judge in 48 hours in case of emergency arrest according to the current our criminal procedure law, but it must be changed to ask the warrant for arrest before asking the warrant for detention in the same period. About the emergency search and seizure accompanying by emergency arrest, I thought that this current system should be repealed. Because it is doubtful whether it violates the substantial spirit of constitutional law on warrant.