피의사실공표죄의 형사법적 한계와 허용범위

Abstract

In case of committing a grave crime related with a huge anti-humanity, investigation authority can publish criminal facts such as name and features of suspect to ordinary people through mass media. The main object of publishing the criminal facts through mass media is to get intelligence from the witness or to get reports from the citizen in order to arrest the suspect earlier as well as to fulfill the right to know. Furthermore, there are objects to protect secondary damage of crime from the suspect. However, investigation authority can be enough ground to violate Criminal Law Act Article 126(the crime of publication of criminal facts) if suspected criminal facts publish through mass media before requesting the trials. The important facts are that the crime of publication of criminal facts almost turn out a dead letter and it is very difficult to find a case to apply the article 126practically. It is true that the crime of publication of criminal facts enacts with the purpose of stopping the destruction of evidence by suspects or any other persons and protecting the investigation right of state. It is also true that the crime of publication of criminal fact enacts with the purpose of protecting the human right of suspects irregardless of whether or not to be innocent or guilty in accordance with the presumption principle. Therefore, it needs to change that the article gets normative power to be in keeping with the purpose of law-making. In order to change like this, I think, the article 126 needs a provision as follows: the crime of publication of criminal facts is not punished if there is only public interest.