형사재판에서 법적 판단의 시간성에 대한 소고

This article examines the existence and function of legal temporality embedded in the process of criminal adjudication. Prevailing criminal law discourse has long assumed a linear and physical concept of time, addressing it only in narrow terms such as the temporal validity of legal norms or the guarantee of expeditious proceedings. Yet, questions of when a judgment is rendered, at what pace, at which moment in time, and within what temporal scope are normative and essential factors that fundamentally shape both the structure and outcome of judicial reasoning. Moving beyond the assumption that time is merely a neutral backdrop, this study conceptualizes legal temporality in three dimensions: normative, adjudicative, and strategic. It explores how each dimension operates in shaping judicial reasoning in criminal trials. Drawing on the Mauerschützen Trials (Wall-Shooter Trials) conducted in post-reunification Germany, the analysis demonstrates how judicial choices in constructing temporal frames can alter the legal meaning of identical events and reconfigure the attribution of responsibility. The article concludes that exposing the implicit operation of temporality in criminal proceedings to explicit and critical reflection is essential for enhancing fairness, legitimacy, and normative coherence in judicial decision-making.