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Legalization of Secret Investigation

  • DONG-A LAW REVIEW
  • 2009, (43), pp.615-636
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Shin Yang Kyun 1

1전북대학교

Candidate

ABSTRACT

With the advance of industrialization and informatization criminal techniques are diversified and new types of crime are increasing, consequently criminal law emphasizes on crime prevention, besides on retribution and in the field of criminal procedure are introduced new methods of investigation, which can met crucial social phenomenon and criminal situation, and competence of investigative authorities is incline to being intensified. such phenomena are well-expressed in that european nations, including Germany, which has emphasized principle of the rule of law, strengthen fitness and effectiveness of investigation in revising their own criminal procedural act. It is a characteristic of new investigational methods to use scientific methods inconspicuously. secret investigation, which is indispensible for carring out investigational aim, can take a variety of forms and must not necessarily lie under legal reservation. If secret investigation is executed as compulsory method of investigation, it should be under constitutional and legal control. Under the present law, only communications restriction measure is under legal control, Protection of Communications Secret Act, but another secret investigations, such as secret photograph and recording, undercover investigation, shadowing and hiding, should be primarily under legal reservation. In the field of investigational law it appears before the footlight of ciminal procedural jurisprudence, to establish function and limit of principle of the rule of law reasonably.

Citation status

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