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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The concept of 'defense lawyer' is very unique in criminal procedure law. It's appearance goes back to the Greek-Roman period. Since adopting the modem legal system, the importance of lawyer's status in criminal legal process has been escalating.
However, the debate around the status of defense lawyer primarily has been based on the German theories. One is describing the defense lawyer as the guardian or patron (Fursprecher) and the other is the organ or institution (eine Organ der Rechtspflege). But these approaches are not sufficient for grasping the real status of the defense lawyer in criminal procedure. So, I suggest the "quasi-legal entity" concept for better understanding of the status of defense lawyer and explain the rights and obligations based on it. First, the defense lawyer has the constitutional right to counsel for suspect and defendant and also has the criminal procedural rights of the free interview for appropriate legal effective counsel, the presence during the interrogation and inspection of the documents made during the process. On the other hand, the obligations can be explained through this analysis. Active duty as a defense lawyer is to serve the defendant with full effective assistance, and the passive duties are the duty to the truth and confidentiality derived from privilege against self-incrimination.
Futhermore, I suggest the four criterion to fulfill the rights and obligations of defense lawyer. First, time aspect shows us rights of defense lawyer have to be expanded to the initial steps of criminal procedure and also to the final execution area. Secondly, confidential interview as micro-analysis and human capital reallocation of defense lawyers as macro-analysis can fall into space aspect. Third, human resource aspect is related to the public defense lawyer system. And final aspect is monetary aspect for realization for payment to public defense lawyer.
Through the above-mentioned approaches, we can reach the goal to realize the rights and obligations of defense lawyer in criminal procedure.
However, the debate around the status of defense lawyer primarily has been based on the German theories. One is describing the defense lawyer as the guardian or patron (Fursprecher) and the other is the organ or institution (eine Organ der Rechtspflege). But these approaches are not sufficient for grasping the real status of the defense lawyer in criminal procedure. So, I suggest the "quasi-legal entity" concept for better understanding of the status of defense lawyer and explain the rights and obligations based on it. First, the defense lawyer has the constitutional right to counsel for suspect and defendant and also has the criminal procedural rights of the free interview for appropriate legal effective counsel, the presence during the interrogation and inspection of the documents made during the process. On the other hand, the obligations can be explained through this analysis. Active duty as a defense lawyer is to serve the defendant with full effective assistance, and the passive duties are the duty to the truth and confidentiality derived from privilege against self-incrimination.
Futhermore, I suggest the four criterion to fulfill the rights and obligations of defense lawyer. First, time aspect shows us rights of defense lawyer have to be expanded to the initial steps of criminal procedure and also to the final execution area. Secondly, confidential interview as micro-analysis and human capital reallocation of defense lawyers as macro-analysis can fall into space aspect. Third, human resource aspect is related to the public defense lawyer system. And final aspect is monetary aspect for realization for payment to public defense lawyer.
Through the above-mentioned approaches, we can reach the goal to realize the rights and obligations of defense lawyer in criminal procedure.
목차
Ⅰ. 들어가는 말
Ⅱ. 변호인의 권리
Ⅲ. 변호인 권리의 보장과 실현
Ⅳ. 맺음말
참고문헌
〈Abstract〉
참고문헌 (15)
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