인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
이용수
초록· 키워드
To prevent the freedom of a citizen, The Warrant System enables the judiciary to control the abuse of warrant in investigation agency. But troubles have sharply arisen between the prosecution and the court about Request & Dismissal of Detention Warrant. These are owing to the various problems occurred in the course of operation of Warrant System.First, Investigation agency has arbitrarily applied the Standard of Detention to Request of Detention Warrant and misused human restriction for the benefit of investigation. Secondly, the court as detention warrant examination agency subjectively interpretations the Standard of Detention and does not present the possibility of presupposition to investigation agency. Also, it introduces peoples into confusion and anxiety. These consequences are that the Standard of Detention fundamentally lacks clearness and objectivity. Besides, It is responsible to the prosecution and court to make arbitrary use of the Standard of Detention.To solve the problems, first of all, We must make the Standard of Detention that people can understand. It is necessary to collect the widespread opinions from academic circles, the court, lawyers, and civil organiazation. The reasons of detention in Criminal Procedure Act should be objectified to make people understood. And they must be more embodied and more subdivided than the reasons of detention in Criminal Procedure Act. And some elements that is considered to decide detention should be demanded for superiority over other elements and measured. Besides, the unification of the Standards of Detention that the prosecution and court have used separately is needed.Secondly, we should clarify the procss of detention. That is, the prosecution and court should record the process of Request & Dismissal of Detention Warrant and a jury must plainly record the concrete cause of Dismissal of Detention Warrant.Thirdly, Complaint of Warrant should be introduced to make the standard of detention apparent by collecting cases of the supreme court.Above all, Detention Warrant System is operated not for the convenience of the prosecution and court but for the benefit of people as demander of judicial service. And We should make efforts to harmonize both value-the protection of the fundamental human rights and the safeguard of people from crimes-.
#구속영장제도
#Detention Warrant System
#구속영장의 청구 및 기각
#Request & Dismissal of Detention Warrant
#영장실질심사
#Detention Warrant Examination System
#구속기준의 객관화
#Objectification of the Standard of Detention
#구속절차의 투명화
#Transparency of Process of Detention Complaint of Warrant
#영장항고제
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