피의자의 수사기록 열람・등사 제도 개선방안

According to the current law, the suspect’s right of access to investigation documents is regulated in the secondary criminal procedure law. Moreover, grounds of refusal of restriction of access to investigation documents are wide and relevant provisions provide no appeals proceedings. However, the German criminal procedure act regulates in detail the suspect’s right of access to investigation documents and prescribes appeal proceedings. For theses reasons, this article looks into the German rules relating the suspect’s right of access to investigation documents and suggests legislative improvement measures. It is appropriate to differentiate between investigation documents absolutly not subjected to refusal of restriction, the case of suspect in custody, the remaining investigation case and the case of non-prosecution. To make effective the suspect’s right of access to investigation documents, it is suggested to introduce a judicial appeal proceeding. It is recommended to prescribe that the detention of a suspect must be cancelled in case of unjustifiable refusal of access to investigation documents.