피의자 구속의 합리적 기준에 관한 제언

It is confused whether detent a suspect in stage of crime investigation or not. Further, there are conflicts what is principle about detention of a suspect between judges and prosecutors. But, the problem of detention is very important the point of view of general people who could become potential arrested. Therefore the principle of detention must be strict and certain. Detention should be permitted as an ultimate step where otherwise the aims of criminal procedure could hardly be achieved. Because it has a great detrimental effect upon a individual’s life and liberty. Nevertheless, detention is a necessary evil, there is a necessity to restraint of freedom from some suspector for effective criminal proceeding and execution. Recently, the revised criminal procedure code has considered some details, serious crimes or risk of recidivism, in the decision of the grounds for detention, risk of fleeing or danger of destroying proofs. So, from now on, it is suggested that in case of serious crimes or risk of recidivism it is necessary and reasonable. In relation to the principle on the detention of a suspect, it is proposed also that standard and reasonable principle is to be legislated about grounds for detention between the courts and prosecution.