피의자 국선변호인제도의 도입방안

Abstract

Under the current law, the right of the suspect to receive assistance from a public defender is guaranteed only when it is questioned whether or not he becomes detention. However, it should be taken into account that actively guaranteeing the right to assist lawyers at the beginning of the investigation can directly affect the judgment of prosecution. Furthermore, it is expected that public defenders will be able to play a role as a monitoring organization that monitors violations of due process and human rights violations by investigative agencies. Looking at foreign legislation, it was confirmed that in the case of the U. K. and the United States, the right to receive assistance from criminal public lawyers is guaranteed from the time the police appear or the suspect is summoned, which is the early stage of the investigation. The public defender of the suspect positively reviewed the establishment of a public defender system in that the suspect can be preemptively guaranteed the right to defend by early introduction of a lawyer, thereby guaranteeing the principle of a weapon, and that the criminal public defender can even take charge of the function of public monitoring of judicial institutions. As for the possibility of its introduction, a step-by-step and selective introduction plan is proposed. Therefore, it should be expanded to the arrested suspects and introduced first to specific socially underprivileged. In addition, in the case of introducing a preliminary interrogation system for seizure and search warrants, it was necessary to introduce a public defender of the suspect in that it functions the same as the actual examination of the warrant before the suspect's arrest. Regarding the operation plan of the public defender system, we looked at the unification of the operation of public defenders for suspects and defendants, the efficiency of the actual operation if the management entity of the public defender is the court, and the operation of the public defender evaluation system for suspects and defendants to ensure the quality of public defense. In order for the public defender system to be established as a system to guarantee the right to participate in the judiciary for the vulnerable, it must be introduced not only to the accused but also to the suspect. However, there is still controversy over the method and timing. Here, it is argued that a positive review of such a plan is necessary. In addition, the review in this paper could have meaning as a concrete plan for introducing the system.