수사기관의 구속기간 산입배제에 대한 제언

For human rights, the confinement period of investigative agencies is strictly limited under the Criminal Procedure Law. In the case of practically reducing the confinement period of investigative agencies, for example from the date of receiving papers to the date of returning papers at detention of suspect and review of legality for confinement. the exclusion system is prepared to secure the confinement period of investigative agencies practically. However, the necessity to reduce the confinement period of investigative agencies is suggested because the confinement period of investigative agencies of our country is too much long in comparison with other advanced countries the confinement is only possible, under the current laws, when the objective criminal charge exists. However, I think the reasons of exclusion shall be deleted under the current laws or shall be interpreted strictly at least before the confinement period of investigative agencies is reduced. For example, because it is a problem to exclude the inclusion of the period of detention of suspect, regarding the detention of suspect is executed necessarily under the current laws with the purpose of minimizing the confinement of the accused and preventing unfair detention, it can be a method to exclude the actually used hours not days at least before the deletion of this law. Regarding the claim of review of legality for confinement is the constitutional guarantees of fundamental right, the period of review of legality for confinement is the same case.