공소장변경제도의 비교법적 고찰

In this paper, Comparative legal study of the modification of an indictment were investigated. In this paper, similar in concept to modification of an indictment, modification of an indictment the purpose and the function of the system were investigated. And Korea and Japan, and were compared with the system. As a result, the current system modification of an indictment were found to be similar to additional indictment, cancellation of a public prosecution, correction of an indictment, subsequent completion. The purpose of the current system modification of an indictment Guarantee the rights of the defense of the accused, ensuring the proper exercise of Authority to enforce penalties, efficient and prompt hearing and the trial court's obligation is expressed. The current modification of an indictment the function of system test is to compensate for bad judgment. The current modification of an indictment system also the function of the criminal, yet to be released as innocent remedy is unreasonable results. Finally, the current system modification of an indictment Japanese system and is similar in many ways. Modification of an indictment of the two countries by the application of the public prosecutor is that the point.