경범죄처벌법상 통고처분과 일사부재리의 원칙

Abstract

Punishment of minor offenses act allows the punishment against minor offenses to pay fines because legislators might think that the illegality and criminal liability of the minor offenses are relatively light and intend to provide convenience for the public. Even though penalty payments are imposed not by formal trial but by notification disposition, the basis regulations of penalty payments are related to criminal punishments. Besides, the behavior subjected to penalty payments are minor offenses. From simple and plain viewpoint of ordinary people, a person who paid penalty payment may have confidence that the punishment against one’s behavior of violating regulation. The principle of law-governed country contains protection of confidence and the prohibition against double jeopardy is a kind of protection of confidence. Also, punishment of minor offenses act stipulates the prohibition against double jeopardy as one of the constitutional principle in the article 8 clause 3, etc. Punishment of minor offenses act stipulates that the term “offender” means a person who commits an act of offense, and does not fall an act involving a victim. Nevertheless, we can find some cases of Supreme Court reexamined by formal criminal procedure although the offender paid penalty by punishment of minor offenses act because of a insufficient investigation at the initial stage. It is a judicial police officer’s responsibility to investigate the facts of a case carefully if they applied punishment of minor offenses act. Although state agencies including investigative authority make a wrong interpretation and application of the law, if the state agency pass the responsibility of the wrong application of the law to a citizen, it is not appropriate for the responsibility and stage of a country. As a result, in the viewpoint of the prohibition against double jeopardy and the principle of law-governed country, it is a proper and logical resolution for a person who paid penalty by disposition of notification to be acquitted.