형사절차상 연하물 강제배출의 허용성과 그 한계

Abstract

These days, with advancement of scientific investigation method, the process of evidence collection has been on gradual increase of cases to the entire human body as an objective and core evidence collecting means. Nevertheless, the investigation about inside body has no little possibility to cause the physical disability and damage of the object or significantly infringe on personality right by nature. After all, in the process of discovering substantial truth, it is an issue to be discussed from the viewpoint of how to protect the human right of the party concerned. Here it will not always desirable to absolutely deny and prohibit forced outlets of objects in a throat conducted under very strict requirements and standards before proceeding research into other substitute means except for forced outlets of objects in a throat. Finally, it will have to accept that to the category of law by setting out written provisions on stern requirements and procedures to minimize infringement on personality right. So we can refer to § 81a, the criminal procedure law, Germany from a theory of legislation.