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Reform of Criminal Procedure and Control of Confinement

  • DONG-A LAW REVIEW
  • 2009, (43), pp.687-717
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

TAEMYEONG KIM 1

1전북대학교

Candidate

ABSTRACT

The Criminal Procedure Act was originally enacted in 1954 directly after the end of Korean War (1950-1953), when Korea was stricken with poverty and under extreme chaos. Recently it has been often proposed that Criminal Procedure Act needs to be reformed as to reflect today's economical, political, and social development of Korea adequately. Korea has undergone a major Judicial Reform since 2003. In 2005, the Presidential Committee on Judicial Reform proposed a draft bill of the revised Criminal Procedure Act to the President of Republic of Korea. In 2006, the Government officially adopted the revised bill and submitted it to the National Assembly of Republic of Korea. Finally on June 1. 2007, the National Assembly enacted the bill of the Criminal Procedure Act. Confinement of a suspect is a kind of necessary evil for efficient execution of criminal procedure. However the right of the people to be secure in their persons against unreasonable arrest or detention shall not be violated. The new Criminal Procedure Act, which has been revised throughout almost all the sections, has many measures to reinforce the illegal confinement of investigation agency. The Arrest system including detention, writ examination and habeas corpus provisions has been revised drastically. In the new Criminal Procedure Act, the writ request period is revised to not longer than 48 hours after urgent arrest and an acquittal notice scheme is newly designed. In case of detention, when a policeman or prosecutor takes an accused into custody he should take into consideration some reasons, for example severity of a crime, risk of recidivism etc. And the detention period is revised according to each decision. Futhermore all the accused ought to be taken a necessary writ examination. In case of habeas corpus system, the ambit of requester is wider than before, a notice scheme is newly made to the requester, and the period of writ examination is shorter than before in behalf of the defendant.

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