독립한 수사절차법의 필요성과 그 효용

초록

This article examines the need for a separate Investigation Procedure Act as a crucial component of criminal justice reform in the era of investigation-prosecution separation. The current Criminal Procedure Act has long been criticized for its trial-centered structure and complex system of cross-references. These features render investigative provisions fragmented, overly complex, and inaccessible to both the public and investigative authorities. Furthermore, because the Act is premised on prosecutors serving as the primary investigative authority, it fails to reflect the contemporary institutional framework. A separate Investigation Procedure Act is necessary to overcome these limitations and strengthen the principle of due process. Such an Act would also provide several practical benefits. First, it would establish a comprehensive framework governing the conduct of investigations, providing clear procedural standards for investigative agencies, defining the scope of its application, and specifying the limits of investigative authority. Second, by clearly defining the limits of investigative powers and strengthening procedural safeguards for both suspects and victims, it would serve as a true Magna Carta of the investigative stage. Third, it would establish a coherent legal framework that fully implements and systematizes the principle of legality in compulsory measures. Fourth, it would provide uniform procedural standards applicable to all investigative agencies, thereby promoting consistency despite the increasing diversification of investigative authority. In sum, the enactment of a separate Investigation Procedure Act is an essential step toward completing criminal justice reform under the separation of investigation and prosecution while fully realizing the principle of due process.

키워드