2024년 형사소송법 중요판례평석

This article examines eight Supreme Court criminal precedents from 2024 that are considered significant in legal practice and the field of criminal law. The key issues in these important cases include the legality of seizing and searching a mobile phone not explicitly specified in a warrant, the guarantee of participation rights and relevance in the seizure and search of lost items, the meaning of ‘when the defendant is detained’ as a reason for the mandatory appointment of a public defender, the court’s authority and duty to modify the indictment ex officio, the admissibility of recorded conversations at a crime scene by investigative authorities without a warrant, the admissibility of ‘undisclosed recordings of conversations between third parties’ under the Protection of Communications Secrets Act, the admissibility of transcripts and recordings of statements taken via internet video conferencing from a witness located abroad without an oath, and the admissibility of video recordings made by a statement analyst from the Supreme Prosecutors’ Office during an interview with a victim. The Supreme Court’s rulings provide clearer standards on various issues that may cause practical confusion in the interpretation of criminal procedure law, correct errors in lower court decisions, and raise discussions on new legal challenges. It is hoped that legal practitioners and researchers will continue to critically engage with these issues. For the convenience of discussion, the key issues are categorized into investigation, trial, and evidence. Each case is structured in the order of facts, ruling or decision summary, and commentary.