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Restriction on the Investigative agency's providing with Criminal Intelligence to the Media

  • DONG-A LAW REVIEW
  • 2013, (61), pp.89-122
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

김태홍 1

1동의과학대학교

Accredited

ABSTRACT

Crime reports have public interests, but have the danger which can infringe on the suspect's Human Rights and Due Process. Therefore, ‘Freedom of Press’ must be harmonized with ‘Due Process’. But prejudging crime reports that involved suspect's confession, criminal record, and polygraph test's results, etc, should be forbidden for the ‘Presumption of Innocence’ and ‘Fair Trial’ in the Constitution. Today, Mass Media's crime reports that depend on the investigative agency's-police, prosecutor- providing with criminal intelligence have specially strong prejudgment nature. Thus, investigative agency's providing with criminal intelligence should try to direct limit in each country. In this paper, I reviewed the following contents. 1. media's crime reports depending on the investigative agency's providing with criminal intelligence have prejudging features. 2. prejudging media's crime reports bring about the disclaimer of ‘Due Process’s-‘Presumption of Innocence’ and ‘Fair Trial’-structure. 3. restrictions on the investigative agency's providing with criminal intelligence to the mass media in each country. 4. measures of the restrictions on the investigative agency's providing with criminal intelligence to the mass media in Korea. ‘Objective media's crime reports’ are guaranteed because of ‘the Freedom of Press’ in Korean Constitution. But prejudging crime reports that involved suspect's confession, criminal record, and polygraph test's results, etc, decisively violate the ‘Due Process’-‘Presumption of Innocence’ and ‘Fair Trial’-, even though main agents of infringing activity are private persons. This crime informations must be tentative, provisional and uncertain, but must decisively cause beforehand social prejudices. And even though main agents of infringing activity are private persons or state, ‘Due Process’ on the Constitution and Criminal Procedure Law should be guaranteed “as result situation”. As a results, as measures of the restrictions on the investigative agency's providing with criminal intelligence to the mass media, the existing systems of Korea Crime Procedure should be used more actively. And for restriction on the Investigative agency's providing with Criminal Intelligence to the Media, under the certain conditions-‘publicity and prohibition of guilt's prejudgment’-, Criminal Law 126 article should be strictly enforced. Finally, if the prejudging crime reports that depended on the investigative agency's providing with criminal intelligence procedures have been infringed ‘Due Process’, specially ‘Fair Trial’, criminal trial should be discontinued in accordance with Criminal Procedure Law 327 Article.

Citation status

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