제정 수사준칙상 피의자신문 이전 절차에 관한 고찰-출석요구, 변호인의 신문참여, 사전신문 문제를 중심으로

According to Criminal Procedure Act amended in 2020, Criminal Investigation Rules have been pre-announced. The Criminal Investigation Rules reorganize pre-interrogation clauses. As amended Criminal Procedure Act gets into enforcement, postcontrol to interrogation phases will be much easier. Considering the range of application of hearsay rule and ‘Evidence for Challenging Admissibility of Evidence’ clauses, precontrol to interrogation phases is necessary and important as ever. So this study explored Criminal Investigation Rules in connection with ‘request for appearance’, ‘defense counsel's participation’ and ‘private interrogation’, and contemplated the investigation practices and advance researches about the issues, and suggested the improvement methods. In chapter 2, the contents and circumstances of legislation were explored, and the meaning of Criminal Investigation Rules such as integration of concerning rules and excavation of model cases were identified. In chapter 3, investigation practices and advance researches about request for appearance, defense counsel's participation and private interrogation were explored, and the necessity of improvement of Criminal Investigation Rules was identified. In chapter 4, improvement methods which consist of 18 improvement methods of concerning issues were suggested along with provisions.