개정 형사소송법상 인신구속제도에 관한 고찰

In 2007 the Criminal Procedure Act has been revised throughout almost all the sections. Among the important sections the Arrest system including detention and habeas corpus provisions has been revised drastically, and there are some new provisions in it. In case of urgent arrest, the reasons of the urgent arrest are manifested and the writ request period is revised to not longer than 48 hours after arrest. And an acquittal notice scheme is newly designed. In case of detention, when a policeman or prosecutor takes an accused into custody he should take into consideration some reasons, for example severity of a crime, risk of recidivism etc. And the detention period is revised according to each decision. In case of writ examination, all the accused ought to be taken a necessary writ examination, but some says there will be some problems in the system. In case of habeas corpus system, the ambit of requester is wider than before, a notice scheme is newly made to the requester, and the period of writ examination is shorter than before in behalf of the defendant. Besides the bail system is widely revised for the defendant.