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내사종결처분의 법적 성질 : An Analysis on a Closing Decision of an Interim Investigation Case
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- Authors
- Issue Date
- 2004
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.45 No.3, pp. 309-331
- Keywords
- 정치적 사건의 수사 ; 형사소송법전 ; 사경단계에서의 내사사건 ; 사법경찰관리집무규칙 ; 검찰단계에서의 내사사건 ; 진정사건의 처리방식
- Abstract
- A closing decision of an interim investigation case refers to the final decision
by which a case is accepted as an interim investigation before the case is
formally filed as a criminal case. The prosecutor's office deals with the petition,
appeal, letter of information, and some cases complaint by a crime victim or
third party which are considered to be insufficient to make the case as the cases
of interim investigation. Since the closing decision of an interim investigation
case is becoming more frequent, even the lay-persons are becoming familiar with
the term interim investigation or a suspect under an interim investigation. The
problem is that the term interim investigation or a closing decision of an
interim investigation case is not stipulated in the Code of Criminal Procedure.
The term is based on administrative rule of prosecutorial cases. It is evident that
the closing decision of an interim investigation case is not a word in an official
act and it has been expanded based on the procedures in practice.
The prosecutor's office has been utilizing the closing decision of an interim
investigation case frequently. So far the rulings of Constitutional Court and the
Supreme Court were generous on the closing decision of an interim investigation
case. The reason was that it had no quality of measurement externally because it
was one of the cases dealt inside the prosecutor's office. Because of that, the
Constitutional Court dismissed complaining citizen's constitutional petition on the
closing decision of an interim investigation case and the Supreme Court rejected
the appealing against a prosecutorial decision not to indict to a High Court. In
addition, it has become that a defendant and a suspect could not ask for...
- ISSN
- 1598-222X
- Language
- Korean
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