변호인의 접견교통권의 보장과 그 한계에 대한 고찰

Abstract

Recently, the Constitutional Court seems to be expanding the interpretation of the basic rights of interview and communication with defense counsel. It is considered reasonable to acknowledge an attorney as the subject of the right to an advocate 's assistance as an indispensable right in exercising the core defenses of the defendant and the suspect. In addition, the scope of application is not limited to the criminal procedure, but is broadened to the administrative proceeding because the field of administrative investigation is diversified and the functions are strengthened. In addition to the information gathering function of the original purpose, As a guarantee, the meaning of the right to counsel is increasing. The first step to substantively ensure the right to the assistance of such counsel is to have access to the defense counselor, in principle, as broadly as possible, and if not exceptionally permissible, it is necessary to clearly legislate. In the Criminal Procedure Act, in the absence of an explicit provision of restrictions on the right of interview and communication with defense counsel of the suspect, in practice, the rights of presence of a suspect and his defense counsel are restricted in individual cases by the necessity of exercising the penalties, It seems reasonable to legislate a reason for limiting the range of right of interview and communication with defense counsel clearly rather than by the decision of the court or by the decision of the Supreme Court. In this context, it can be considered that the right of the lawyer to participate in the interrogation of defendant.