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학술논문형사법연구2011.03 발행KCI 피인용 11

수사상 긴급체포 요건과 운용

Emergency arrest requirement and application in criminal investigation

하태인(부산대학교)

23권 1호, 285~308쪽

초록

Related to the seriousness of crimes and the United States or Britain, Germany and Japan compared to the arrest of the system that we have strict requirements. However, in comparison with other countries to arrest without warrant an independent judicial review system in the absence of a requirement is reasonable strictness. Furthermore, the type of crime and punishment of the amount of each country as a result of the history and development should not be compared.72)Much of criminal charges and arrest warrants in relation to the urgent arrested on criminal charges in the same degree of reason must be substantial. But it can not see each other as equal. Another arrest warrant issued by the examination papers or in the case of an arrest warrant is a direct examination. This must be determined individually. Therefore, a significant reason why criminal charges in a different dimension is bound to be judged separately. Present themselves against a suspect arrested for solving urgent problems may emerge. In this case, was arrested by the urgency of the situation and arrested shall examine whether you meet the requirements. This should meet the requirements of arrested. And the attendance requirements of the voluntary investigation and criminal charges related to the needs of present worth is deemed to be the first. Failure to attend without justifiable reason, refuses this you have a concern that the arrest warrant should be seen and a great crime, and if there is enough time to get a warrant for arrest should be made imperative.

Abstract

Related to the seriousness of crimes and the United States or Britain, Germany and Japan compared to the arrest of the system that we have strict requirements. However, in comparison with other countries to arrest without warrant an independent judicial review system in the absence of a requirement is reasonable strictness. Furthermore, the type of crime and punishment of the amount of each country as a result of the history and development should not be compared.72)Much of criminal charges and arrest warrants in relation to the urgent arrested on criminal charges in the same degree of reason must be substantial. But it can not see each other as equal. Another arrest warrant issued by the examination papers or in the case of an arrest warrant is a direct examination. This must be determined individually. Therefore, a significant reason why criminal charges in a different dimension is bound to be judged separately. Present themselves against a suspect arrested for solving urgent problems may emerge. In this case, was arrested by the urgency of the situation and arrested shall examine whether you meet the requirements. This should meet the requirements of arrested. And the attendance requirements of the voluntary investigation and criminal charges related to the needs of present worth is deemed to be the first. Failure to attend without justifiable reason, refuses this you have a concern that the arrest warrant should be seen and a great crime, and if there is enough time to get a warrant for arrest should be made imperative.

발행기관:
한국형사법학회
DOI:
http://dx.doi.org/10.21795/kcla.2011.23.1.285
분류:
법학

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