초록 열기/닫기 버튼


A risk of offending to human right mainly happens to process of investigation. Investigation agency do various managements to find offender and to collect evidence. There for discretionary authority of investigation agency must be guaranteed. But some check to the legal disposition of investigation agency must be needed to compensate depending right of a suspect. The Right of defense must be extend to compensate depending right of a suspect on investigation process. It is generally that investigation agency devises a physical or psychological temptation for obtaining evidence which is unfavorable to suspect. The process of investigation is important field to be needed a more procedural justice through enlargement of the right of defense. Recently it is given wider publicity that the prosecutory authorities has set up a principle, which is to present a investigation documents directly to the judge at the court. Such attitude of the prosecutory authorities can be understand some kind of a psychological warfare between a court of justice and the prosecutory authorities. Therefore the right of defense in the investigation process is all the more important for the suspect's defense. Concretely as mentioned above the right of an advocate's participation to the suspect interrogation step, the right of lawyer's interview to the suspect, the right of reading and copy to the investigation documents etc. are practical method to guarantee the right of defense in the investigation process.


A risk of offending to human right mainly happens to process of investigation. Investigation agency do various managements to find offender and to collect evidence. There for discretionary authority of investigation agency must be guaranteed. But some check to the legal disposition of investigation agency must be needed to compensate depending right of a suspect. The Right of defense must be extend to compensate depending right of a suspect on investigation process. It is generally that investigation agency devises a physical or psychological temptation for obtaining evidence which is unfavorable to suspect. The process of investigation is important field to be needed a more procedural justice through enlargement of the right of defense. Recently it is given wider publicity that the prosecutory authorities has set up a principle, which is to present a investigation documents directly to the judge at the court. Such attitude of the prosecutory authorities can be understand some kind of a psychological warfare between a court of justice and the prosecutory authorities. Therefore the right of defense in the investigation process is all the more important for the suspect's defense. Concretely as mentioned above the right of an advocate's participation to the suspect interrogation step, the right of lawyer's interview to the suspect, the right of reading and copy to the investigation documents etc. are practical method to guarantee the right of defense in the investigation process.


키워드열기/닫기 버튼

The right of defense, Process of investigation, evidence, the right of lawyer's interview to the suspect, Human right.