인터폴을 통한 국제공조수사의 개선방안

Abstract

INTERPOL is an international police cooperation organization for exchanging required information and conducting criminal investigation through mutual assistance among the member states in order to prevent and suppress international crimes. The international mutual assistance in criminal investigation is divided into the case of conducting investigation via INTERPOL and the case via diplomatic channel based on the International Criminal Justice Mutual Assistance Law and the Extradition Law. The former has the advantage of being able to quickly and efficiently conduct criminal investigation through mutual assistance, but its lack of legal binding power creates the human rights infringement issue for the criminal. In the case of the latter, it is the opposite case. Accordingly,there is a need to find a balance and harmony between the two. For the purpose of efficiently utilizing INTERPOL, it is necessary to expand the scope of criminal investigation through mutual assistance via INTERPOL based on the laws and ordinances related to the International Mutual Assistance in Criminal Investigation & Extradition, and request for provisional arrest via INTERPOL, and come up with a provision for acknowledging the effect of the red notice as equivalent to that of provisional arrest request. If these measures are not feasible, another way is to enact laws and ordinances related to comprehensive and integrated INTERPOL cooperation. On a practical level, it would be necessary to expand the organization and personnel in charge of INTERPOL, as well as increase the number of overseas resident police officers dispatched to assist the INTERPOL activities. Ultimately, it would be necessary for the INTERPOL headquarters to enact laws and regulations with internationally common effect like that of the UN.