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오류 신고하기해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
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초록·키워드
Historically Korea has the humiliated tradition of torture or mistreatment in criminal practice. It is, no doubt, a serious crime which most of countries want to get rid of. We could not justify the torture-caused evidences in any circumstances. With this tiny reportage, we try to policy some working-leveled tactics to handle it rationally. Though the many scheduled policies to prevent able suspects or the accused from the torture flood recently, we can define it as a conscious problem, not certain manipulating game. It depends on the mind, not on the simple policy. But in concrete, we can also implement the systematic conditions which help not to bring about the torture in the process.
Many a report teaches us that it would be very effective to diminish the torture moves and mistreatment when the surveilance camera is installed in the interrogation rooms. And the taping and investigation hansard of the asking process could actually be good devices. Let alone these cutting edge gazettes, the reform of the interrogation procedure will be crucial for the abolition of bad practice. Lately the Korean government announced the draft bill for amendment of 'Korean Criminal Procedure' empowering the human rights of the criminal suspects and the accused. Subsection 2 of article 243 provides that every suspects should have the right of supporting with counsellor in interrogation without hesitation. This codified entitle allows severe exemption like 'the within 48 hours rule'. At this circumstance, the article based coverage will be ruled out, if the suspect cannot find a counsellor within 48 hours. We do not agree with this exemption at all. In addition, every overnight interrogation will be washed away in the long run. It is the practice against the constitution as well.
On the other hand, we should reconsider the rule of hearsay under the subs. 1 of article 312 in Korean criminal procedure. It makes possible that the protocol before the prosecutor would prevail in the court, even though the suspect or the accused denied it before the judge directly. It could encourage the prosecutor to avoid the burdensome scientific investigation. On this occasion, the prosecutor can simply focus on the mere paper work and the pressable interrogation to obtain the written confession. It could trigger the dehumanisation easily. Every suspicious consequences which would indicate the potentiality with respect to the mistreatment of the suspect or the accused should be exiled out under the exclusionary rule. In the direction of the reform, we recommend to abolish the hearsay exceptions or the priority of the prosecutorial protocols.
The torture and mistreatment of the suspect or the accused are crimes under the international law. It is, say, the systematical mayhem or murder to the human being. The Nuremberg Trials declared it as a crime against the human dignity. It could not be treated like any other civil crimes. It should be recognised as a public crime without time concerns.
Many a report teaches us that it would be very effective to diminish the torture moves and mistreatment when the surveilance camera is installed in the interrogation rooms. And the taping and investigation hansard of the asking process could actually be good devices. Let alone these cutting edge gazettes, the reform of the interrogation procedure will be crucial for the abolition of bad practice. Lately the Korean government announced the draft bill for amendment of 'Korean Criminal Procedure' empowering the human rights of the criminal suspects and the accused. Subsection 2 of article 243 provides that every suspects should have the right of supporting with counsellor in interrogation without hesitation. This codified entitle allows severe exemption like 'the within 48 hours rule'. At this circumstance, the article based coverage will be ruled out, if the suspect cannot find a counsellor within 48 hours. We do not agree with this exemption at all. In addition, every overnight interrogation will be washed away in the long run. It is the practice against the constitution as well.
On the other hand, we should reconsider the rule of hearsay under the subs. 1 of article 312 in Korean criminal procedure. It makes possible that the protocol before the prosecutor would prevail in the court, even though the suspect or the accused denied it before the judge directly. It could encourage the prosecutor to avoid the burdensome scientific investigation. On this occasion, the prosecutor can simply focus on the mere paper work and the pressable interrogation to obtain the written confession. It could trigger the dehumanisation easily. Every suspicious consequences which would indicate the potentiality with respect to the mistreatment of the suspect or the accused should be exiled out under the exclusionary rule. In the direction of the reform, we recommend to abolish the hearsay exceptions or the priority of the prosecutorial protocols.
The torture and mistreatment of the suspect or the accused are crimes under the international law. It is, say, the systematical mayhem or murder to the human being. The Nuremberg Trials declared it as a crime against the human dignity. It could not be treated like any other civil crimes. It should be recognised as a public crime without time concerns.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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UCI(KEPA) : I410-ECN-0101-2012-364-003957351
