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Review on the name and the crime scope of urgent arrest

  • DONG-A LAW REVIEW
  • 2010, (47), pp.241-264
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Sang-Ho Kim 1

1동아대학교

Accredited

ABSTRACT

Arrest-detention system symbolizes the standard of human rights and national elegance. Existing urgent arrest system was made better than before, but it leaves room for improvement. Here I want to study on the name of urgent arrest, on the condition of urgent arrest in relation to criminal imprisonment. Firstly, the existing urgent arrest is urgent detention in fact, in other words, the name is urgent arrest but the substance is urgent detention. As soon as possible, the name of urgent arrest should be changed to urgent detention. Such change will make contribution to protect human rights of the suspected, to increase criminal judicial efficiency and to agree with the constitutional law. Secondly, according to existing criminal procedure Act, the object of urgent arrest is the suspected has committed crime which fulfill over 3years imprisonment. 87% of whole crimes of criminal law is fulfilled the object of urgent arrest. This is too wide. It violates the principle of constitutional law on the human rights which should be limited necessary, inevitably, proportionally. Therefore urgent arrest which is exception of exception should be decreased the scope. Taking into account our national reality, provision of crime which fulfill “over 3years imprisonment” should be changed to at least “over 5years imprisonment”.

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