2023년 형사소송법 중요판례평석

Abstract

In this article, among the Supreme Court criminal cases sentenced in the field of criminal procedure law in 2023, eight cases that can be evaluated and discussed as important in legal practice or criminal law were reviewed. Key issues in important precedents include whether an adult guardian can decide not to punish on behalf of the victim, the legal nature of photography and exceptions to warrantism, the scope of the right to participate in cases where there is a suspect other than the confiscated person, the scope of the “prosecutor’s interrogation report” in Article 312 (1) of the Criminal Procedure Act, the meaning and degree of proof of the “special status” in the investigator’s testimony, whether it falls under “when the sentence is abolished due to the opening of the law after the crime,” and when the probation period has elapsed during a re-appeal against the decision to cite the revocation of probation. According to the Supreme Court's precedents, clearer standards are established on various issues that can cause confusion in practice due to the recent revision and interpretation of the Criminal Procedure Act, or it is an opportunity to correct the wrong judicial practices of lower courts, and on the other hand, discussions on new issues are raised, so we hope that criticism from practitioners and researchers will continue. For the convenience of the discussion, it was divided into investigation, evidence, trial and appeal according to key issues, and the descriptions of each case were organized in the order of issue, judgment or decision point, and commentary.