피의자 체포 현장에서의 ‘미란다 원칙’ 고지의 문제점과 개선방향

초록

Miranda Warning at the scene of an arrest is an important measure for realizing the Constitutional Due Process of Law. Korea has related regulations in the Criminal Procedure Act to make it concrete. However, if you look at the operating situation of Article 200-5 of the Criminal Procedure Act, you can see a confusing situation that the law did not intend. This is because there is a gap between the law of pursuing an ideal and reality. This study was written to analyze the problems and suggest the alternatives. Human rights protection does not become a reality only by pursuing ideals, and if procedural control is excessive, it is easy to miss the another goal of criminal procedure, the discovery of the substantive truth. Through this study, there are two ways we can seek the substantive truth while guaranteeing the suspect's right to defend and controlling the state power. One is that the Miranda Warning on the site should clearly inform the necessary details, and the other is that it should not be limited to a formal one, but should be able to guarantee the right of defense of the suspect in a practical way. To this end, it is necessary to improve the Criminal Procedure Act and subordinate statutes, and to develop a detailed manual that can reflect them in practice.

키워드