형사절차에서 변호인의 역할 제고 방안 (Enhancing the Role of Lawyer in Criminal Procedure)

서지정보

· 발행기관 : 한양대학교 법학연구소
· 수록지 정보 : 법학논총 / 28권 / 4호 / 365 ~ 385페이지
· 저자명 : 천진호

초록

Measure of democratization of a country’s criminal justice criminal suspects and defendants involved in ensuring the rights of the defense attorney and personal restraint system and the operating system depends on how that is not an exaggeration. Meanwhile,the Criminal Procedure Code was an infringement of human rights. So the revision of the Criminal Procedure Code of the counsel for institutions and human developmental arrest system was revised.
In terms of judicial reform, especially the revised Criminal Procedure 17th lawyer to join when the suspects were investigated, the investigation papers were able to read or copy,so that the course of the investigation was to record. Nevertheless, the accused and the defendant’s rights with respect to defense lawyers accused the right to participate on research and discovery system still had problems.
Therefore, awareness of these issues under the suspects and defendants in the investigation and trial procedures for the exercise of rights of defense lawyers that can help to enhance the role of the method needs to be made.
When the investigation first step to examine the accused lawyer be able to participate,and an attorney before filing charges, the record of the investigation to be read or copied,and if you investigate the accused can ask for a lawyer so that the images should be recorded. Guarantee the rights of suspects and information about self-determination, the investigation established the authenticity of documents, and to guarantee the authenticity of the statement of the fair and prompt trials for suspects in that you can tell when investigating the involvement of lawyers will have to be guaranteed. The right to assistance of counsel and the right to defend themselves, is a constitutional right. And the accused in order to receive help from a lawyer on-going investigation the investigation within a certain range, even if history is to read the documents should be available to copy.
Furthermore, video recordings of statements of the suspects accused in the investigation established the veracity of documents can be recognized and help to obscure the memory play and forced a debate about whether the investigation can be eliminated. Thus accused’s statement video recorded to the fact that you can advance to inform suspects or lawyers video recording has been requested video recording, and accused his statements of video recording that can guarantee the right to receive, and the course of the investigation possibility of coercion that can occur in an investigation is necessary to prevent its source.
Enhancing the role of counsel at the trial stage, and measures include pre-trial discovery depositions of the system to create revision and law enforcement agencies information on the recognition and evidence of counsel as a precondition for acceptance of evidence of that can be. First test appeals filed case to the court has continued in that Code of Civil Procedure Section 347 trillion following documents submitted application as well as litigation in command with the court evidence. Apply to documentary evidence and the evidence for the view, or an adapter to apply for, Reading and approval of an adapter to determine whether the court views: an adapter with a range of time and place, and commanded the parties to litigation discovery is desirable to revise the application process.
And if you check the court’s discovery does not implement without delay a decision, the court directly, or the defendant (attorney) the variations of these terms, depending on the application of the test reading of the documents, copy, and carry out the issuance of a written hearing process until you to stop, and further examination within the period prescribed by the court if you do not perform the procedure, the court dismissed the appeal decision to allow convicted preferable to revision. Further, the trial operation of the center of the court order made by the investigating authorities of the documents of evidence is necessary to severely restrict. The judicial police officers, as well as checks written by the accused investigative documents and reference is stated documents, the defendants (witnesses), the investigation agency investigators according to the requirements of written statements and other defendants’ statements indicated statement documents the defendant or counsel that an acceptance of or subject to your acceptance will have to be used as evidence.

영어초록

Measure of democratization of a country’s criminal justice criminal suspects and defendants involved in ensuring the rights of the defense attorney and personal restraint system and the operating system depends on how that is not an exaggeration. Meanwhile,the Criminal Procedure Code was an infringement of human rights. So the revision of the Criminal Procedure Code of the counsel for institutions and human developmental arrest system was revised.
In terms of judicial reform, especially the revised Criminal Procedure 17th lawyer to join when the suspects were investigated, the investigation papers were able to read or copy,so that the course of the investigation was to record. Nevertheless, the accused and the defendant’s rights with respect to defense lawyers accused the right to participate on research and discovery system still had problems.
Therefore, awareness of these issues under the suspects and defendants in the investigation and trial procedures for the exercise of rights of defense lawyers that can help to enhance the role of the method needs to be made.
When the investigation first step to examine the accused lawyer be able to participate,and an attorney before filing charges, the record of the investigation to be read or copied,and if you investigate the accused can ask for a lawyer so that the images should be recorded. Guarantee the rights of suspects and information about self-determination, the investigation established the authenticity of documents, and to guarantee the authenticity of the statement of the fair and prompt trials for suspects in that you can tell when investigating the involvement of lawyers will have to be guaranteed. The right to assistance of counsel and the right to defend themselves, is a constitutional right. And the accused in order to receive help from a lawyer on-going investigation the investigation within a certain range, even if history is to read the documents should be available to copy.
Furthermore, video recordings of statements of the suspects accused in the investigation established the veracity of documents can be recognized and help to obscure the memory play and forced a debate about whether the investigation can be eliminated. Thus accused’s statement video recorded to the fact that you can advance to inform suspects or lawyers video recording has been requested video recording, and accused his statements of video recording that can guarantee the right to receive, and the course of the investigation possibility of coercion that can occur in an investigation is necessary to prevent its source.
Enhancing the role of counsel at the trial stage, and measures include pre-trial discovery depositions of the system to create revision and law enforcement agencies information on the recognition and evidence of counsel as a precondition for acceptance of evidence of that can be. First test appeals filed case to the court has continued in that Code of Civil Procedure Section 347 trillion following documents submitted application as well as litigation in command with the court evidence. Apply to documentary evidence and the evidence for the view, or an adapter to apply for, Reading and approval of an adapter to determine whether the court views: an adapter with a range of time and place, and commanded the parties to litigation discovery is desirable to revise the application process.
And if you check the court’s discovery does not implement without delay a decision, the court directly, or the defendant (attorney) the variations of these terms, depending on the application of the test reading of the documents, copy, and carry out the issuance of a written hearing process until you to stop, and further examination within the period prescribed by the court if you do not perform the procedure, the court dismissed the appeal decision to allow convicted preferable to revision. Further, the trial operation of the center of the court order made by the investigating authorities of the documents of evidence is necessary to severely restrict. The judicial police officers, as well as checks written by the accused investigative documents and reference is stated documents, the defendants (witnesses), the investigation agency investigators according to the requirements of written statements and other defendants’ statements indicated statement documents the defendant or counsel that an acceptance of or subject to your acceptance will have to be used as evidence.

참고자료

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