즉결심판제도에 대한 비판적 연구

Because of the personal and substantial restriction in the justice system, it is necessary to perform the proceedings of minor offense quickly. For an accused it would be a great advantage to exempt himself from a temporally and spiritually burdensome proceedings. In criminal proceedings in which fundamental rights may be restricted extensively and highly, but the idea of procedural economy may not take priority over the rule of law and protection of human rights of the accused, even though it is declared in the constitution. It is also confronted with the idea of rapid judgment, when the fast judgment would violate the basic human right and the right of defense of the accused. The current system of the instant judgement proceedings excludes the principle of confession and the principle of hearsay, so it must be abolished because of the risk of harm to the constitutional rights of the accused. The offenses that were the subject of the instant judgement proceedings and the minor offenses need to be decriminalized by the introduction of the so-called “misdemeanor law” in order to avoid an unnecessary stigma of a minor offenses and to minimize the burden of the whole judicial system. The other kind of offenses witch still need to be punished, should be included in the articles of the instant judgement proceedings and also the summary proceedings should be perfected.