개정 형사소송법에 따른 경찰과 검사의 관계 변화 : 수사지휘폐지와 신설된 검사의 통제장치를 중심으로

Abstract

The revised Criminal Procedure Act, which has been in force since January 1, 2021, is as follows: ▵Abolished investigation direction from a prosecutor with regard to all investigations and newly established the provisions of cooperation between the police and the prosecutors ▵ Demand for Further Investigation, Corrective Measures and Request for Re-investigation by the prosecutors ▵Granting the primary authority of terminating investigation to police, ▵ Establishment of the warrant deliberative committee, and △ Decrease in evidence ability of protocol. In particular, the abolition of the prosecutor's investigation direction can be evaluated as a revolution in the criminal justice system of the Republic of Korea that has been continued for over 70 years since the enactment of Criminal Procedure Act. As the prosecutor's investigation direction was abolished and the police investigation was given autonomy, a control procedure for prosecutors was newly established for each police investigation stage. According to the law, prosecutors can control police investigations in the following ways: ① request a further investigation from the police if necessary to indictment, maintain a prosecution, or request a warrant, and ② take corrective action when receiving or recognizing reports of violations of laws, violations of human rights, or significant abuse of the authority of investigation during the police investigation. ③ If it is illegal or unjust that the police do not transfer the case, the prosecutor may request a re-investigation with the police by specifying the reason. ④ Police investigation using the right to demand for disciplinary action, etc. to ensure the fulfillment of the request for further investigation and corrective measures can be controlled. This study aims to find out the significance of the abolition of prosecutor's investigation direction, as well as the prosecutor's control procedure for the newly established police investigation after the abolition of the prosecutor's investigation direction.