2016년 형사소송법 중요 판례

In 2016, judicial precedents in the criminal procedure law continue to evolve. There was a ruling of the Supreme Court that summarizes the jurisdiction of the general courts and military courts. In the investigation process, there was a judgment that strictly emphasized the urgency of emergency arrests, and a decision requiring the hearing procedure to be carried out when issuing warrants. In the trial process, there was a judgment emphasizing the importance of the written principle of filing a indictment. It is of great significance that the written principle of filing a indictment is reaffirmed under the circumstance of the electronic document stored on the information storage medium becoming the main form of the document. In the field of evidence, there were (1) judgment to interpret the requirements of the evidence admissibility of the protocol containing suspect's statement prepared by the prosecutor, (2) judgment to deny the admissibility of eavesdropping results of electronic communication contents such as kakao talk, (3) judgment to show the standard of the voluntary submission, and (4) judgment to interpret foreign residency requirements strictly. In the field of trial, there was a judgment setting clearly the time of withdrawal of the intention to prosecute a case which cannot be prosecuted against the clearly expressed intention of such person.