형사전자소송과 형사절차의 ‘전환’

Abstract

The Act on the Use and Management of Electronic Documents in Criminal Procedures (abbreviated as the Criminal Procedure Electronic Document Act), which aims to "realize the digitization of criminal justice procedures by stipulating the fundamental principles and procedures for the use and management of electronic documents in criminal justice, thereby enhancing the efficiency and transparency of criminal procedures and contributing to the protection of citizens' rights" (Article 1), has been in effect since October 20, 2024. Electronic criminal litigation is said to offer several advantages, including: ① Enhancing the transparency of criminal justice procedures, ② Contributing to the protection of the fundamental rights of suspects and defendants, ③ Strengthening the principle of trial-centered proceedings, and ④ Realizing swift and thorough criminal justice processes. The transition to a "paperless criminal procedure" has been described as a major transformation of criminal proceedings. However, given that current criminal procedures have elements designed as a "luxury" to safeguard the rights of defendants, it is necessary to assess what this transformation is for and how much, in practical terms, it changes. Only then can it be determined whether it truly constitutes a "major transformation" od criminal procedure. This article examines the potential positive implications of electronic criminal litigation, focusing on the provisions of the law, Supreme Court rules, and enforcement decrees. It emphasizes that the key criterion for evaluating the effectiveness of electronic criminal litigation should be the extent to which it operates in practice to protect the rights and interests of suspects and defendant.