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KICJ Research Reports

Review on Amendment of the Criminal Procedure Code 사진
Review on Amendment of the Criminal Procedure Code
  • LanguageKorean
  • Authors Committee for Revision of the Criminal Procedure Code
  • ISBN978-89-7366-853-3
  • Date December 01, 2010
  • Hit187

Abstract

This report is revised version of the criminal procedure code, prepared by the 'Committee for Revision of the Criminal Procedure Code'(hereinafter referred to as 'the committee') which consisted of ten criminal law scholars appointed by the Korea Institute of Criminology and the Korea Criminal Law Association.
In this Report, three major areas of the Criminal Procedure Code are reexamined: that is, investigation, public trial, and evidence. The committee reexamined the matters are discussing by the Ministry of Justice, for instance, leniency for justice collaborator, compulsory attendance of important witness, enactment of obstruction of justice, victim's attendance and admission of the evidence of video recording and other disputes. Also, the committee expanded scope of the discussion up to all of the act to discuss necessary areas at the meetings nine times during eight months from February 2010; for instance, 1) reformation of the system of the Criminal Procedure Code, 2) areas that were included in revision draft of not only the Committee of Revision of the Justice but also the government at the 18th term revision of the act in 2007 and were not reflected, 3) areas that were reflected at enactment to be insufficient in 2007, 4) problems after revision in 2007, 5) system that is needed to develop the act, and etc.
In relation to investigation, this study discussed: for instance, legal basis of interim investigation, reformation of autopsy system, enactment of investigation that nominates a criminal, enactment of the one who is not permitted to leave the country and its legal process, enactment of limited reasons on rights of lawyer's participation in investigation into the suspect, enactment of submission of warrant of arrest not later than six hours after arrest, legal basis of seizure of digital evidence, and etc..
In relation to public trial, this study suggested: for instance, a prosecutor's obeyance to the court's request of inspection, printing and written submission of the s, limitation on a prosecutor's appeal when verdict of the jury coincides with judgment of the court, and new ways of sentencing investigation procedure.
In relation to evidence, this study suggested: denial of capacity of the evidence that was illegally collected, no use of evidence, review of witness system, and etc..
The committee's revised version was reviewed in scientific conference that was held by the Korea Institute of Criminology and the Korea Criminal Law Association on September 30, 2010.
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