긴급체포제도의 문제점과 개선방안

Abstract

Arrest is divided into three types of arrest by arrest warrant, arrest of flagrant offender and emergency arrest in accordance with the Criminal Procedure Code, and emergency arrest of the aforementioned is to arrest a suspect, not a flagrant offender without a warrant under an emergent situation that restriction of human body by preliminary warrant is unavailable, which has many problems about illegality or abuse as compared to the rest two arrests. In other words, control over the foregoing is considered necessary when considering occurrence of the case of using emergency arrest as a method to circumvent controversy of illegality of voluntary company or as means for expediency of investigation occurs, and high release rate after emergency arrest. In addition, emergency arrest is also insufficient for defense or protection of suspect’s human rights due to its wide scope of crimes. Although the Criminal Procedure Code was supplemented to a certain extent admitting the duty to notify to the court, limitation in re-emergency arrest, suspect’s right to read·copy, but still remains insufficient to be a fundamental countermeasure. Fundamentally, it is required to regulate or apply the requirements for emergency arrest strictly and introduce post warrant system to ensure legality of emergency arrest.