검찰권의 제한 - 개정 형사소송법, 검찰청법 및 공수처법에 대한 평가와 향후 과제

초록

Restrictions on prosecution rights should be made in the direction of ensuring the basic human rights of the suspect in the investigation process, making sure that prosecutors play a role that conforms to its functional essence in the investigation process, and ensuring proper exercise of investigative rights and right to prosecute. The revised Criminal Procedure Act and the revised Public Prosecutors' Office Act define the relationship between the prosecution and the police as a mutual cooperative relationship, thereby ensuring the police's autonomy in investigation and limiting the scope of the prosecution's direct investigation by law. The revised Criminal Procedure Act, however, abolished the prosecution's direction to investigate the case despite the increased authority of the police by granting the police the right to first and finalize the first investigation. In addition, the revised Public Prosecutors' Office Act limited the prosecution's direct investigation by law, but the scope of the direct investigation was too wide to actually limit the direct investigation. In this sense, the revised Criminal Procedure Act and the revised Public Prosecutors' Office Act implicate that each investigative agency has retained or acquired its own right, rather than aimed at guaranteeing the suspect's basic rights and efficient operation of criminal procedures. The prosecution and the police should focus on the activities of areas in which each can effectively exercise its ability as an expert. In the future, the Criminal Procedure Act should be revised to strengthen the prosecution's judicial control over police investigations, and the Public Prosecutors' Office Act should be revised to minimize the scope of the prosecution's direct investigation. The Senior Civil Servant Corruption Investigations Unit Act gave the Senior Civil Servant Corruption Investigations Unit the right to investigate crimes committed by high-ranking government officials, especially to investigate and prosecute crimes committed by prosecutors. This should be understood in terms that this Act will ensure the appropriateness of exercising the right to investigate and prosecute high-ranking government officials, including prosecutors, by checking the prosecution's power which was not checked by any other powers, rather than simply dividing powers between investigative agencies. However, it remains a future task to actualize such checks by expanding the size of the Senior Civil Servant Corruption Investigations Unit.

키워드