개정 형사소송법상 공판준비절차 (Preparatory Proceedings in Korean Criminal Procedure Act)

서지정보

· 발행기관 : 한국비교형사법학회
· 수록지 정보 : 비교형사법연구 / 12권 / 2호 / 93 ~ 124페이지
· 저자명 : 황태정

초록

The purpose of preparatory proceedings is to find out intensive and effective judicial proceedings of trial date subject to realization of court-oriented trials. The preparatory proceedings can keep point of issue as well as evidence of the case in order in advance to make judicial proceedings plan and to help have effective criminal trial: But, the preparatory proceedings may have preliminary procedure being similar to judicial proceedings to produce form of trial procedure and to have infringement upon defendant's basic rights of the Constitution such as refusal rights of statement and to require careful approach of formation and operation of the system. The preparatory proceedings does not assert nor evidence substance of a case in accordance with the principle of exclusion of presupposition, and it shall not deal with important matters that may have influence upon trials in the future, for instance, permission of changes of indictment, ruling on application for evidence and decision on the discovery, etc. And, the protocol in preparation for the trial that is admitted to have absolute admissibility of evidence shall exclude substance and fill out matters that are required to make issues of a case and to keep evidence in order and to make plan of evidence. The regulation of submission in writing at preparatory proceedings may have infringement upon refusal rights of statement of the defendant so that the defendant shall be allowed to be given help from a lawyer at submission in writing: In particular, the written opinion shall not ask for statement on admission of the facts concerning the public prosecution. And, decision on submission to the preparatory proceedings had better reflect concerned party's ideas through either hearing of concerned party's ideas or appeal of dissatisfaction of court judgment, and standard of the submission should be made to obtain forecast of sending to the court. The preparatory proceedings may have the greatest difference of legal effects at prohibition of post-application of evidence. In this regard, a way should be found out to respect regulations of existing laws and to lessen adverse effects of regulations of prohibition of post-application of evidence as much as possible. When the court admits of needs, it can investigate evidence at its discretion or alleviate standards of interpretation of reasons of the exception at prima facie evidence: Otherwise, the court may give concerned party an opportunity of application to the evidence after resuming preparation for the trial.

영어초록

The purpose of preparatory proceedings is to find out intensive and effective judicial proceedings of trial date subject to realization of court-oriented trials. The preparatory proceedings can keep point of issue as well as evidence of the case in order in advance to make judicial proceedings plan and to help have effective criminal trial: But, the preparatory proceedings may have preliminary procedure being similar to judicial proceedings to produce form of trial procedure and to have infringement upon defendant's basic rights of the Constitution such as refusal rights of statement and to require careful approach of formation and operation of the system. The preparatory proceedings does not assert nor evidence substance of a case in accordance with the principle of exclusion of presupposition, and it shall not deal with important matters that may have influence upon trials in the future, for instance, permission of changes of indictment, ruling on application for evidence and decision on the discovery, etc. And, the protocol in preparation for the trial that is admitted to have absolute admissibility of evidence shall exclude substance and fill out matters that are required to make issues of a case and to keep evidence in order and to make plan of evidence. The regulation of submission in writing at preparatory proceedings may have infringement upon refusal rights of statement of the defendant so that the defendant shall be allowed to be given help from a lawyer at submission in writing: In particular, the written opinion shall not ask for statement on admission of the facts concerning the public prosecution. And, decision on submission to the preparatory proceedings had better reflect concerned party's ideas through either hearing of concerned party's ideas or appeal of dissatisfaction of court judgment, and standard of the submission should be made to obtain forecast of sending to the court. The preparatory proceedings may have the greatest difference of legal effects at prohibition of post-application of evidence. In this regard, a way should be found out to respect regulations of existing laws and to lessen adverse effects of regulations of prohibition of post-application of evidence as much as possible. When the court admits of needs, it can investigate evidence at its discretion or alleviate standards of interpretation of reasons of the exception at prima facie evidence: Otherwise, the court may give concerned party an opportunity of application to the evidence after resuming preparation for the trial.

참고자료

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