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학술논문형사법연구2013.03 발행KCI 피인용 1

공개수배제도의 입법화 내용에 관한 연구

Legislation of Wanted Notice System

문봉규(서강대학교)

25권 1호, 445~469쪽

초록

Most wanted system for the criminal suspects is a way of investigation used in order to arrest them effectively at an early stage. In particular, in case of committing grave crimes focused on big social interests, investigation agency shall open the case to the public through mass media in order to catch wanted persons as soon as possible. A big issue raised is that it is possible for investigation authority to violate the right of wanted person legally protected such as not opening of criminal record and of his/her private life including violating the principle of innocent presumption. It is also possible for wanted person to be stigmatized the criminal as well as to open his/her name, picture, family relations, and privacy to the public through mass media before taking final judgement as a guilty. It is therefore possible for wanted person to violate his/her human rights much more valuable than detention or any kind of criminal penalty. In order to solve this issue raised, the best alternative plan makes an legislation on wanted system. Legislation on wanted system should be included investigation agency related, stringent requirements for wanted, the scope of mass media(ex, radio, television, newspapers, internet, poster, etc), the period of official notice, reasons of revocation, and so on.

Abstract

Most wanted system for the criminal suspects is a way of investigation used in order to arrest them effectively at an early stage. In particular, in case of committing grave crimes focused on big social interests, investigation agency shall open the case to the public through mass media in order to catch wanted persons as soon as possible. A big issue raised is that it is possible for investigation authority to violate the right of wanted person legally protected such as not opening of criminal record and of his/her private life including violating the principle of innocent presumption. It is also possible for wanted person to be stigmatized the criminal as well as to open his/her name, picture, family relations, and privacy to the public through mass media before taking final judgement as a guilty. It is therefore possible for wanted person to violate his/her human rights much more valuable than detention or any kind of criminal penalty. In order to solve this issue raised, the best alternative plan makes an legislation on wanted system. Legislation on wanted system should be included investigation agency related, stringent requirements for wanted, the scope of mass media(ex, radio, television, newspapers, internet, poster, etc), the period of official notice, reasons of revocation, and so on.

발행기관:
한국형사법학회
DOI:
http://dx.doi.org/10.21795/kcla.2013.25.1.445
분류:
법학

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