긴급체포의 규정과 운용에 대한 비판적 고찰

Abstract

Emergency arrest is an exceptional judicial system with which the investigation agency can arrest a suspect without issue of writ under the condition that there are good reasons that the suspect deserves death penalty, life imprisonment, over three-year prison sentence or imprisonment and that the necessity of arrest and the urgency are approved. First of all, the requirements and procedures of emergency arrests have been studied. Then, the current applications of emergency arrests have been reviewed. While reviewing these, considering the real situation that most criminal law and criminal special laws consist of crimes deserving death penalty, life imprisonment, over three-year prison sentence or imprisonment,I have suggested that the minimum penalty should be increased to recognize the gravity and the exception of emergency arrest. Also, regarding the reasonability of criminal charges, a differentiation between the arrest and the detention should be made and the necessity and urgency of the arrest should be considered comprehensively, so emergency arrest should not be used as a tool of avoiding an arrestment with issue of writ Together with this, I have maintained that for a judicial court to induce an arrest by means of issue of writ, a court’s issuing an arrest warrant without special care should be checked. In order to achieve this, the judgement on requirements of emergency arrest should be made more strictly with considering an investigation agency’s decisions. So far, the main issues of emergency arrest have been reviewed through this article. The main agent of emergency arrest is limited to a prosecutor and a judicial police officer in criminal procedure law but considering the reality of investigation, judicial assistant official should be included. I strongly urge that through Constitution, an arrest warrant system after emergency arrest should be introduced and unnecessary imprisonment of humans should be controled in terms of not only the time of requesting detention warrant but also the time of issuing detention warrant, with the help of stipulation of criminal procedure law.