수사협조범죄자 기소면제 및 형벌감면 법제화 비판

U. K. and U. S. A. have the statutory regime enabling prosecutors to immunise assisting offenders in investigation and/or prosecution of other offenders. In Germany and France assisting offenders in investigation and/or prosecution of other co-operator are immunised or reduced of sentence. Nowadays Korea has plan to legislate so Immunity. One is Immunity from Prosecution, the other is Immunity or Reduction of sentence. But Immunity from Prosecution in criminal procedure is undesirable in context of due process and rule of law. It is not proper that a criminal case is treated like a civil case. Immunity from Prosecution is to abandon of punishment. This is not appropriate to korean prosecutor. Because Korean prosecutor have very strong power. Also legislation of Immunity or Reduction of sentence isn't appropriate in Korea. Because Korean judge has very wide discretion in sentencing.