수사절차상 긴급체포의 현황과 주요쟁점

Arrest-detention system symbolizes the standard of human rights and national elegance. Existing urgent arrest system was made better than before, but it leaves room for improvement. The urgent arrest system is pre-arrest warrant, like the post as well as the act does not warrant requirement. A system for realizing the finality of the investigation as if the exception is applicable only in case of an emergency warrant attention can miss the offender committed a serious crime. Much of criminal charges and arrest warrants in relation to the urgent arrested on criminal charges in the same degree of reason much be substantial. But it can not see each other as equal. Another arrest warrant issued by the examination papers or in the case of an arrest warrant is a direct examination. This must be determined individually. Therefore, a significant reason why criminal charges in a different dimension is bound to be judged separately. According to existing Criminal Procedure Act, the object of urgent arrest is the suspected has committed crime which fulfill over 3 years imprisonment. 87% of whole crimes of crimina law is fulfilled the object of urgent arrest. Therefore urgent arrest which is exception of exception should be decreased the scope. If the urgent arrested system should be introduced arrested after arrest warrants for the post-control then arrested. I think it appropriate to reduce the charge time limit of detention within 48 hours of the current and arrested within12 hours. For a thorough human rights abolished the system of inspection and approval, we should adopt a system of judicial approval. Further, Systematic improvements of Urgent Arrest necessary, like having more specific criteria and strengthening court’s control in arresting suspects.