형사기록열람·등사권의 개정방향에 관한 연구

The right to read and copy investigative records is the core of the right to defend oneself by preparing a defense in advance through reading and copying records and preparing for interrogation by prosecutors. Accordingly, the need for legislation to allow the Defendant and his/her lawyer to freely access the investigation records was raised several times, and Articles 266-3 and 266-4 of the Criminal Procedure Act were newly established in 2007 to introduce the evidence disclosure system. In the above revised provisions, the right to read and copy documents kept by the prosecutor after filing an indictment was allowed, and sanctions were specified if the prosecutor did not comply with the court's decision to read and copy. However, there are still continuous disputes over the right to view and copy investigation records. Criminal records have not yet been electronically litigated, and the amount of records to be copied is enormous, so there are many cases where they cannot even be properly copied before pleading. In particular, the reading and copying of investigation records before filing an indictment is a key right to guarantee the suspect's right to defend, but there are no prestigious regulations yet. I would like to propose an amendment because it is necessary to study and introduce more effective amendments in depth so that the basic rights of suspects and defendants are not violated. The right law to guarantee the right to defend the suspects and the accused as soon as possible should be enacted so that the legislative inadequacy does not continue.