아⋅태 체포영장 제도의 도입에 관한 연구

Abstract

Science technology which is developing with a rapid speed makes human lives affluent with many aspects. On the contrary the development of science technology makes the border of states open fully in fact and leadsstates to integrate in the international economy aspect. There are 4 steps in the course of international economyintegration: Free Trade Agreement(FTA), Custom Union, Common Market(or Single Market) and EconomyUnion such as EU(European Union). Current member states of APEC(Asia Pacific Economic Cooperation) arenow in the step of FTA among individual states or are now developing toward a single market. Unfortunatelysome eccentric criminal acts among states has appeared because of science technology up-to-dated in the courseof international economy integration. These international crimes are voice phising, smishing and phaming, andcyber-crimes. Main features of these crimes are different states respectively between a state which arecommitted crimes and a state which is appeared the result of the crimes. If so, are there any solutions for theprevention and suppression of these crimes?Current system of international judicial assistance in criminal matters is not up-to-date system because it isrunning diplomatic channel which is passing through many agencies between states. Red Notice system runningby Interpol are not enough to have a good effects because it has divided 3 kinds of effect: 1. It is possible tomake provisional arrest on the basis of a red notice published by Interpol, 2. A red notice is considered to bea request for provisional arrest only if the requesting country is linked to the requested country via a bilateralextradition treaty or an extradition convention, 3. It is not possible to make a provisional arrest on the basis ofa red notice. There are accordingly nice distinctions among states about red notice published by Interpol. Therefore the Asia Pacific Arrest Warrant System(APAWS) should be introduced among the members of APECfrom the point of upgrading of current international judicial assistance in criminal matters, statistics ofinternational crimes, and the limits of Interpol, Europol and European Arrest Warrant. APAWS shall be based on the principle of mutual recognition of judicial decision if it is introduced. Doublecriminality must be abolished and surrender shall not be refused on the grounds of nationality which isrecorded as article 8 of extradition law, Republic of China. APAWS shall be established by the form of treaty. And written application of APAWS shall set a fixed form after considering application form of red notice andEAW(European Arrest Warrant).