사법보조제도의 도입가능성 검토

The criminal trial is a set of processes which decide the fact by evidences,applicate the statute to the fact, and sentence appropriate criminal sanction. The judge can not neglect any phase of the criminal trial, but the defendants and the public put the most concern on the sentencing output. So for the purpose of that Many systems have been attempted. The most representative systems are Presentence Investigation and Sentencing Investigation. Presentence Investigation refers to the examination of a convicted offender's background prior to sentencing. and this is similar to Sentencing Investigation. Presentence Investigator or probation officer gathers various kinds of information about defendants. And all data comes to the judge in the form of a investigation report. so all the information in the report helps the judge decide what an appropriate sentence will be. But This kinds of information needs but only to judge also to prosecutors,corrections officers and supervision officers, etc. These Informations are needed for criminal procedure as an extended meaning, in other words, procedure of investigation,process of prosecution, sentencing, execution of a sentence, and probation or parole. Because defendant's Information includes personal information and identifying data describing the defendant, a chronology of the current offense and circumstance surrounding it, a record of the defendant's previous convictions, home life and family data, educational background, health history and current state of health, military service, religious affiliation, financial conditions, and so forth. So we need to new investigation system and this is similar to german "Gerichtshilfe". So the purpose of this article is that german "Gerichtshilfe" is sure to de introduced in Korean criminal procedure effectively.