사법경찰관리의 내사와 검사의 지휘

Abstract

Pre-investigation activities refer to activities that the judicial police and the public prosecutor confidentially perform to find out someone's criminal suspicion before they investigate about him as the suspect by criminal booking. They called as “an interim investigation case”, too. Pre-investigation activities are being used by the investigatory organizations as one of the effective methods for criminal investigation. Someone assert that pre-investigation activities can be included under the category of the investigation by expanding the concept of investigation. And the prosecution insist they have the right to direct pre-investigation activities by the police on ground for the Art. 196① of the Criminal Procedure Act. On the contrary to this, the police interpret pre-investigation activities is not the investigation, is the one of police operation based the Art. 3 of the Police Act and the Art. 2 of the Act on the Performance of Duties by Police Officers. So, they assert the prosecutor can't command pre-investigation activities by the police on the ground for the right to lead investigation based on the Criminal Procedure Act. The revised Criminal Procedure Act allowed the right to start investigation to the police by the Art. 196 ② of the Criminal Procedure Act. And there is no the legal ground to command the prosecutor pre-investigation activities by the police because they are not investigation. Therefore I assert that the police can do pre-investigation activities without a direction of the prosecutor. In fact, it is impossible the prosecutor command all of pre-investigation activities by the police. But I think we have to grant the ex post facto supervision of the prosecutor against pre-investigation activities by the police to prevent the abuse and misuse of them because pre-investigation activities is related to criminal investigation. Furthermore I assert to strengthen the self-control by the police in connection to pre-investigation activities.