검찰압수물사무규칙에 의한 지급정지의뢰제도의 문제점

Abstract

Currently, the Regulation on Confiscated Articles by the Prosecution Office, which is a decree of the Ministry of Justice and not a statute like the Criminal Procedure Code, provides internal standards for handling and conducting confiscation work by the Prosecution Office. The Regulation on Confiscated Articles by the Prosecution Office prescribes a suspension of payment request policy when a savings account passbook that is likely concealing criminal proceeds has been confiscated. Hence, such provision should be viewed as an infringement of the principle of statutory reservation with regards to property rights and restrictions thereof guaranteed by the Korean Constitution. Consequently, in order to achieve the criminal procedure goal of speedy and thorough seizure, as well as complete recovery of criminal proceeds through additional collection in accordance with due process of law, it would be desirable to codify seizure and additional collection without a warrant, which would be similar to the “confiscation without a warrant policy” stipulated in the Criminal Procedure Code.