수사기관의 압수수색영장 집행절차와 제한 규정

Abstract

As Importance of real evidence is gradually emphasized, Search and Seizure Warrants frequently happen. Among these, because Criminal Suit make you find realistic truth but protecting the right of the persons related to search and seizure is very important, the rule of criminal procedure law should be firmly kept. Especially the procedure regulations about search and seizure is not only simply procedural duty of search and seizure but also further important regulations of deciding the scope of search and seizure. Therefore, the presentation duty of preliminary warrant should be in principle accomplished without reference to the claim of the opponent. And there is abolitionism about the presence of parties. But It can be seen that it should be rather needed. And it can be seen that the amendment of the law that the body search of women should be possibly done by female investigation manpower is needed. As for the limitation of execution at night, in the case of the commencement just before the sunset, legislation of the regulation that it is possible even though the sunset came is desirable. And in the case that you meet sunset while you do not commence in the daytime, the commencement regulation of urgent night search and seizure can be considered. And there is criticism in the obligatory delivery of search certificate. But it can be seen that it should be still arranged. In this point that importance of the procedure rule is raised than any time, I think that the effort to reinforce the rule of the procedure regulations is much more needed.