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2020 형사소송법요론
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2020 형사소송법요론

  • 신호진
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  • 문형사
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  • 2020-04-06 출간
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  • 1074페이지
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  • 188 X 257 mm
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  • ISBN 9791189917555
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제1편 형사소송법의 일반이론
제1장 형사소송법의 기본개념
제1절 형사소송법의 의의와 성격 ············································································· 3
[1] 형사소송법의 의의/ 3 [2] 형사소송법의 성격/ 4
제2절 형사소송법의 법원과 적용범위 ······································································· 5
[1] 형사소송법의 법원/ 5 [2] 형사소송법의 적용범위/ 7
제3절 형사소송법의 발전 ······················································································ 11
[1] 서구 형사소송법의 발전/ 11 [2] 우리 형사소송법의 발전/ 12
제2장 형사소송의 이념과 본질
제1절 형사소송의 이념 ························································································· 13
[1] 형사소송의 이념과 상호관계/ 13 [2] 실체적 진실주의/ 13
[3] 적정절차의 원칙/ 16 [4] 신속한 재판의 원칙/ 18
제2절 형사소송의 기본구조 ··················································································· 24
[1] 형사소송구조론의 의의/ 24 [2] 규문주의와 탄핵주의/ 24
[3] 직권주의와 당사자주의/ 25
제3절 형사소송절차의 본질 ··················································································· 29
[1] 형사소송절차의 의의와 본질/ 29 [2] 형사소송의 실체면과 절차면/ 30

제2편 수사와 공소
제1장 수 사
제1절 수사의 기본개념 ························································································· 35
[1] 수사의 의의와 수사기관/ 35 [2] 수사의 구조와 피의자의 지위/ 42
[3] 수사의 조건/ 45
제2절 수사의 개시 ······························································································· 53
[1] 수사의 단서/ 53 [2] 불심검문/ 53
[3] 고 소/ 62 [4] 기타의 수사단서/ 79
제3절 수사의 방법 ······························································································· 85
[1] 총 설/ 85 [2] 임의수사/ 93 [3] 강제수사/ 103
제4절 대인적 강제수사 ······················································································· 106
[1] 피의자의 체포/ 106 [2] 피의자 구속/ 124
[3] 피의자·피고인의 접견교통권/ 139 [4] 체포·구속된 피의자의 석방제도/ 145
제5절 대물적 강제수사 ······················································································· 156
[1] 수사상의 압수·수색/ 156 [2] 수사상의 검증/ 176
[3] 압수·수색·검증과 영장주의의 예외/ 186
[4] 수사상의 감정/ 201 [5] 기술적 수단에 의한 수사/ 205
제6절 수사상의 증거보전 ···················································································· 218
[1] 증거보전/ 218 [2] 참고인에 대한 증인신문/ 222
제7절 수사의 종결 ····························································································· 227
[1] 수사종결의 의의와 종류/ 227 [2] 불기소처분에 대한 불복방법/ 231
[3] 공소제기 후의 수사/ 234
제2장 공소의 제기
제1절 공소와 공소권이론 ···················································································· 242
[1] 공소의 의의/ 242 [2] 공소권이론/ 242 [3] 공소권남용론/ 244
제2절 공소제기의 기본원칙 ················································································· 252
[1] 국가소추주의/ 252 [2] 기소독점주의/ 252
[3] 기소편의주의/ 254 [4] 공소의 취소/ 259
[5] 재정신청과 기소강제절차/ 263
제3절 공소제기의 방식 ······················································································· 273
[1] 서면주의/ 273 [2] 공소장의 기재사항/ 275 [3] 공소장일본주의/ 288
제4절 공소제기의 효과 ······················································································· 295
[1] 소송계속/ 295 [2] 심판범위의 한정/ 296 [3] 공소시효의 정지/ 302
제5절 공소시효 ·································································································· 303
[1] 공소시효의 의의와 본질/ 303 [2] 공소시효의 기간/ 306
[3] 공소시효의 정지/ 313 [4] 공소시효의 완성/ 318

제3편 공 판
제1장 소송주체
제1절 법 원 ······································································································ 322
[1] 법원의 의의와 종류/ 322 [2] 법원의 관할/ 324 [3] 제척·기피·회피/ 339
제2절 검 사 ······································································································ 351
[1] 검사와 검찰청/ 351 [2] 검사의 조직과 구조/ 353
[3] 검사의 소송법상 지위/ 356 [4] 고위공직자범죄수사처/ 360
제3절 피고인 ····································································································· 365
[1] 피고인의 의의와 특정/ 365 [2] 피고인의 당사자능력과 소송능력/ 371
[3] 피고인의 소송법상 지위/ 375 [4] 무죄추정의 원칙/ 379
[5] 피고인의 진술거부권/ 385
제4절 변호인 ····································································································· 394
[1] 변호인제도의 의의/ 394 [2] 변호인의 선임·선정/ 395
[3] 변호인의 지위와 권한/ 407 [4] 보조인/ 417
제2장 소송행위와 소송조건
제1절 소송행위 ·································································································· 419
[1] 소송행위의 의의와 종류/ 419 [2] 소송행위의 일반적 요소/ 422
[3] 소송행위에 대한 가치판단/ 428 [4] 소송서류/ 439
제2절 소송조건 ·································································································· 451
[1] 소송조건의 의의와 종류/ 451 [2] 소송조건의 조사와 흠결/ 452
[3] 소송조건의 추완/ 455
제3장 공판절차
제1절 공판절차의 기본원칙 ················································································· 456
[1] 공판절차의 의의/ 456 [2] 공판절차의 기본원칙/ 456
제2절 공판심리의 범위 ······················································································· 462
[1] 심판의 대상/ 462 [2] 공소장변경/ 466
제3절 공판준비절차 ···························································································· 499
[1] 공판준비절차의 의의/ 499 [2] 광의의 공판준비절차/ 500
[3] 협의의 공판준비절차/ 509
제4절 공판정에서의 심리 ···················································································· 513
[1] 공판정의 구성과 법원의 권한/ 513 [2] 공판기일의 절차/ 522
[3] 공판절차이분론/ 528
제5절 증거조사와 강제처분 ················································································· 531
[1] 법원의 증거조사/ 531 [2] 법원의 강제처분/ 568
제6절 공판절차의 특칙 ······················································································· 591
[1] 간이공판절차/ 591 [2] 공판절차의 정지와 갱신/ 597
[3] 변론의 병합·분리·재개/ 602 [4] 국민참여재판/ 604
제4장 증 거
제1절 증거법의 기본개념 ···················································································· 617
[1] 증거의 의의와 종류/ 617 [2] 증거능력과 증명력/ 620
제2절 증명의 기본원칙 ······················································································· 622
[1] 증거재판주의/ 622 [2] 거증책임/ 632 [3] 자유심증주의/ 639
제3절 위법수집증거배제법칙 ················································································ 650
[1] 위법수집증거배제법칙의 의의 및 연혁/ 650
[2] 위법수집증거배제법칙의 적용범위/ 653
[3] 위법수집증거배제법칙의 적용효과/ 667
제4절 자백배제법칙 ···························································································· 669
[1] 자백의 의의와 효과/ 669 [2] 자백배제법칙/ 672
제5절 전문법칙 ·································································································· 684
[1] 전문증거와 전문법칙/ 684 [2] 전문법칙의 예외/ 689 [3] 진술의 임의성/ 766
제6절 당사자의 동의와 증거능력 ·········································································· 771
[1] 증거동의의 의의와 성질/ 771 [2] 증거동의의 방법/ 773
[3] 증거동의의 의제/ 778 [4] 증거동의의 효과/ 781
[5] 증거동의의 철회 및 취소/ 783
제7절 탄핵증거 ·································································································· 785
[1] 탄핵증거의 의의와 성격/ 785 [2] 탄핵증거의 허용범위 및 자격/ 786
[3] 탄핵의 대상과 범위/ 791 [4] 탄핵증거의 제출과 조사방법/ 793
제8절 자백보강법칙 ···························································································· 795
[1] 자백보강법칙의 의의와 필요성/ 795 [2] 자백보강법칙의 적용범위/ 796
[3] 보강증거의 자격/ 801 [4] 보강증거의 범위/ 805
[5] 자백보강법칙 위반의 효과/ 809
제9절 공판조서의 증명력 ···················································································· 810
[1] 공판조서의 배타적 증명력/ 810 [2] 배타적 증명력이 인정되는 범위/ 811
[3] 배타적 증명력 있는 공판조서/ 814
제5장 재 판
제1절 재판의 기본개념 ······················································································· 816
[1] 재판의 의의와 종류/ 816 [2] 재판의 성립 및 방식/ 818
제2절 종국재판 ·································································································· 823
[1] 유죄판결/ 823 [2] 무죄판결/ 834 [3] 관할위반의 판결/ 837
[4] 공소기각의 재판/ 838 [5] 면소판결/ 845 [6] 종국재판의 부수효과와 부수처분/ 853
제3절 재판의 확정과 효력 ··················································································· 855
[1] 재판의 확정/ 855 [2] 재판의 확정력/ 856 [3] 기판력/ 859
제4절 소송비용 ·································································································· 872
[1] 소송비용의 의의/ 872 [2] 소송비용의 부담자/ 873
[3] 소송비용부담의 절차/ 874 [4] 무죄판결에 대한 비용보상/ 876

제4편 상소·비상구제절차·특별형사절차
제1장 상 소
제1절 상소의 일반이론 ······················································································· 881
[1] 상소의 의의와 종류/ 881 [2] 상소권/ 882 [3] 상소의 이익/ 887
[4] 상소의 제기와 포기·취하/ 894 [5] 일부상소/ 899
[6] 불이익변경금지의 원칙/ 908 [7] 파기판결의 구속력/ 922
제2절 항 소 ······································································································ 927
[1] 항소의 의의와 항소심의 구조/ 927 [2] 항소이유/ 931
[3] 항소심의 절차/ 935
제3절 상 고 ······································································································ 955
[1] 상고의 의의와 상고심의 구조/ 955 [2] 상고이유/ 956
[3] 상고심의 절차/ 960 [4] 비약적 상고/ 967 [5] 상고심판결의 정정/ 968
제4절 항 고 ······································································································ 970
[1] 항고의 의의와 종류/ 970 [2] 항고심의 절차/ 972 [3] 준항고/ 974
제2장 비상구제절차
제1절 재 심 ······································································································ 979
[1] 재심의 의의와 구조/ 979 [2] 재심이유/ 983
[3] 재심개시절차/ 995 [4] 재심심판절차/ 1002
제2절 비상상고 ································································································ 1006
[1] 비상상고의 의의/ 1006 [2] 비상상고의 대상/ 1007
[3] 비상상고의 이유/ 1008 [4] 비상상고의 절차/ 1013
제3장 특별형사절차
제1절 약식절차 ································································································ 1016
[1] 약식절차의 의의/ 1016 [2] 약식명령의 청구/ 1017
[3] 약식절차의 심판/ 1018 [4] 정식재판의 청구와 재판/ 1022
제2절 즉결심판절차 ·························································································· 1026
[1] 즉결심판절차의 의의와 성격/ 1026 [2] 즉결심판의 청구/ 1027
[3] 즉결심판청구사건의 심판/ 1028 [4] 정식재판의 청구와 재판/ 1032
제3절 소년에 대한 특별절차 ·············································································· 1034
[1] 서 설/ 1034 [2] 소년보호절차/ 1034 [3] 소년형사절차/ 1037
제4절 피해자 보호절차 ····················································································· 1041
[1] 형사조정절차/ 1041 [2] 배상명령절차/ 1042
[3] 화해절차/ 1048 [4] 국가에 의한 범죄피해자구조제도/ 1050
제4장 재판의 집행과 형사보상 및 명예회복
제1절 재판의 집행 ··························································································· 1054
[1] 재판집행의 일반원칙/ 1054 [2] 형의 집행/ 1057
[3] 재판집행에 대한 구제절차/ 1062
제2절 형사보상과 명예회복 ··············································································· 1065
[1] 형사보상제도/ 1065 [2] 명예회복제도/ 1073
[판례색인] ······································································································ 1075
[사항색인] ······································································································ 1086
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