검사와 사법경찰의 의사소통 시스템 구축 방안

Abstract

For resolution of conflicts and harmonious communication between public prosecutor and police, it is necessary to recognize the fact that both agencies have a common goal and act in a mutual dependent manner. The common goal between public prosecutor and police is “to reveal the substantive truth of crimes and to make criminals receive criminal sanctions accordingly with their responsibilities”. From the position of police, it is necessary to recognize and accept the fact that ① public prosecutor, as a prosecution agency and at the same time an investigative agency, has authority to control police in relation to investigate crimes in accordance with the Constitution and the Criminal Procedure Act, and ② a prosecutor has expertise in law as a judicial officer and is suitable for investigating legally complicated cases. From the position of public prosecutor, on the other hand, it is necessary to honestly recognize the fact that police is an indispensable agency in that ① police investigates more than 80% of actual cases, and ② police has not only abundant human and material resources in relation to investigations but also easily collect criminal information by closely contacting the people. One-sided authority or capability is not sufficient to achieve the common goal without mutual cooperation. Eventually, those conflicts between public prosecutor and police must be resolved from the view of respecting the position of the citizen. They have been disappointed with the “power struggle” of the both agencies. Thus, it is necessary to find a solution with a focus on which investigation system and operation of investigation practice minimize the violation of human rights and at the same time are helpful in ensuring social security.