2021년도 형사소송법 중요 판례에 대한 검토

초록

In this article, major Supreme Court cases in the field of criminal procedure law sentenced in 2021 were reviewed in accordance with the content of the issue, divided into investigation procedures, prosecution procedures, evidence law, and trial procedures. About the investigation procedure, the criteria for determining the illegality of the entrapment investigation and the scope of its impact, whether the warrant must be presented even if the execution of the arrest warrant has not been completed, whether the execution of the arrest warrant is delayed without a justifiable reason is illegal; The scope of the recognition of the objective relevance to the criminal facts of the search and seizure warrant and the precedents regarding the search and seizure procedure of the arbitrarily submitted information storage device were reviewed. In relation to the prosecution procedure, the effect of filing an indictment by the indictment without the public prosecutor’s written signature and seal or signature, and precedents on whether permission to change the indictment was lawful without serving a copy of the application for permission to change the indictment on the defendant and his/her lawyer. In relation to the field of trial procedures and the law of evidence, the court's investigation method as to whether or not there was a legitimate accusation in a necessary accusation case, and precedents on the judgment of the credibility of a witness's court statements if the prosecutor interviewed the witness before the witness examination looked about. Supreme Court precedents are the final judgment on individual cases and also lead to the formation of criminal litigation procedures, so it is necessary to continuously study and criticize the Supreme Court precedents in the practical and academic fields, and to enact legislation that reflects them.

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