사회안전과 형사소송법의 변화와 과제

Criminal procedure Act focuses on preventing crime before the stage of investigation, and focuses on securing evidence and arresting criminal at the stage of investigation, aiming at social safety. Under the criminal procedure Act, therefore, it tends to be required to make the best use of scientific technical means, expand polices’ rights of intervention and compulsory execution. In order to find substantial truth, Criminal Procedure Act may abolish statutory limitations of heinous crimes, expand polices’ intervention into domestic violence, actively use scientific technical tools including GPS electronic monitoring program, DNA database, packet inspection and so on, and enhance compulsory measures including forced blood collection and so on. But, excessive expansion of criminal procedure Act may result in restricting or reducing the people’s fundamental human rights. So, criminal procedure Act should be changed, as follows. Firstly, abolition of statutory limitations should be considered prudently within the scope of ex post facto principle, and forced blood collection should not be conducted without post-warrant, so as not to infringe essentials of due process of law. Secondly, strengthening investigation excessively, such as police searches of house. Thirdly, as regards using DNA database, the relationship with certain crimes should be informed at the time of collecting a sample, and GPS electronic monitoring program and packet inspection should follow detailed legal procedure. Finally, search and seizure of digital evidence should be only allowed exclusively on the site.