메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색

논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국형사법학회 형사법연구 형사법연구 제24권 제1호
발행연도
2012.1
수록면
191 - 216 (26page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색

초록· 키워드

오류제보하기
The statute of limitations is a law which forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. After the period of the statute has run, the criminal is essentially free. The reasons for having statutes of limitations is as follows: As time passed, it is hard to find the substantive truth because memories fade away, physical evidence may be lost or contaminated, and witnesses are no longer available to testify for or against defendants; social criticism and concerns for the crime become undermined; the victim's anger is mitigated. However the development of scientific technology allows to obtain reliable evidence through DNA testing, restoration of documents and photos, and component analysis despite the passage of time. Also, even though time passes, the people's anger toward the crime is not allayed easily by several reasons such as extending the average life span and sharing the crime information based on advance of mass media. Questions are raised on whether the statute of limitations is reasonable in cases such as serial murder and child murder. Most developed countries such as United States, Germany, and France haven't a statute of limitations on serious crimes. Our neighboring country, Japan, also abolished statutes of limitations for some crimes by the revision of laws in 2010. Even in Korea, the national consensus has been formed it is unreasonable that persons who committed serious and brutal crimes are able to avoid prosecution and punishment for the passage of the duration determined by the criminal procedure law. In particular, it is alleged that a new statute of limitations should be examined in case of serious and brutal crimes, which led to abolish the statute of limitations on rape against children under the age of 13 or the disabled on the sexual violence special law. This dissertation first inquires into the statutes of limitations in Criminal Procedure Law and Special Criminal Law, and then examines the need for reform of the article 249 of Criminal Procedure Law which generally applies to all crimes. Futhermore, this paper attempts to study the different types of statutes of limitations and provide a direction for revision on the article 249 in Criminal Procedure Law.

목차

등록된 정보가 없습니다.

참고문헌 (30)

참고문헌 신청

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0