공소장변경과 관할

Abstract

We have looked at relations between procedure face of criminal procedure and substantial face of criminal procedure. and we made firm that both faces exercise one’s influence each other. this basic rule regards((it)) as appropriate between change of written arraignment and a competent court. A standard of concluding a competent court is uniformly and abstract , but a competent court is not fixed proceeding term but flowing proceeding term being influenced by facts. In case of conflict between right of fair justice and rile of speedy trial, concluding a competent court needs more strongly concrete appropriateness. specially in case of change of written arraignment as by criminal procedure law §329 enacted, by necessity it is accompanied with the change of competent court. In case that case of single judge is changed to collegial judgment, Criminal procedure law §8 ② provides that judge in charge transfer of a case to the a competent court. this provision is applied to the case of a trial on an appeal case.