所谓 "调查规则 "修订的意义和未来任务

Oung-Seok Jeong
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引用次数: 0

摘要

从侦查规则的修订来看,程序部分(维持各种侦查期限)进行了重组,但并没有特别的内容。换句话说,它只是检方和警方应逐步遵循的调查期限标准,以便对案件进行系统管理和快速调查。 尽管如此,一些政客或媒体却无端指责,说这是 "检方复辟 "或 "剥夺警方终止侦查权"。因为侦查规则部分条款的修改,并不是要将 "警方侦查终止权 "刑事化,而是要促进案件处理更加公正、快速。如果警方的判断始终是正确的,就没有必要要求重新调查或要求移送。但是,警方的判断不可能永远正确,检方和法院也不可能永远正确。因此,无论是警察案件还是不遣返案件,有司法辅助手段(检察官补充侦查、重新调查等)是合理的,对保障人民权利的意义也是值得商榷的。最重要的是,侦查权的争论不是检警之间的权力斗争问题,而是警方考虑到侦查效率或起诉、重新侦查的不便,自行处理案件是否合理的问题。 总之,我希望是深入的讨论,比如侦查规则修改 "前 "还是 "后 "更利民,业内律师是同意还是不同意。他痛恨现政府或检方是可以理解的,但受害者不是现政府或检方,而是人民。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A Meaning of the revision of the so-called 『Investigation Rules』 and future tasks
Looking at the revision of the investigation rules, the procedural part (maintenance of various investigation deadlines) has been reorganized, but there is no particular content. In other words, it is only a standard for the investigation period that the prosecution and police should follow step by step so that the case can be systematically managed and investigated quickly. Nevertheless, there is no reason why some politicians or the media are criticizing it, saying it is “the restoration of the prosecution” or “the deprivation of the police's right to terminate the investigation”. This is because the revision of some provisions of the investigation rules is not to criminalize the “right to terminate the investigation of the police”, but to promote the handling of the case more fairly and quickly. If the police's judgment is always correct, there is no need to request a reinvestigation or request a transfer. However, the police's judgment cannot always be right, neither the prosecution nor the court. Therefore, it is reasonable to have a judicial supplementary device (complementary investigation by prosecutors, reinvestigation, etc.) whether it is a police case or a non-repatriation case, and it is questionable what it will mean to protect the rights of the people. Above all, the debate on investigative rights is not a matter of power struggle between the prosecution and the police, but a matter of whether it is reasonable for the police to handle the case on its own in consideration of the efficiency of the investigation or the inconvenience of the prosecution or reinvestigation. In conclusion, I hope that it will be an in-depth discussion, such as whether the revision of the investigation rules “before” or “after” is better for the people, and whether the lawyers in the field agree or disagree. It is understandable that he hates the current government or the prosecution, but the victim is not the current government or the prosecution, but the people.
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