법원의 구속기간에 대한 소고

Unlike the past, current law provides that in consideration of deliberation period, court's detention period is counted from the time of prosecution initiation without including arrest etc. period prior to prosecution, and detention period in appeal trail can be renewed up to three times. This seems to remedy any hastily made decision by extending court's detention period, through which it looks like difficulty in court practice is practicalized to some extent. Nonetheless, in light of the rule of non-detention trial, it has problem, and undecided detention days can be excessively prolonged, and court take time in all detention cases, so it may impair rapid trial. Especially, under current law the intensive deliberation system is introduced, it seems to be most rational and desirable that the problem is solved by the intensive deliberation system rather than elongation of court's detention period.