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Master 형사소송법 기본서(2016)
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Master 형사소송법 기본서(2016)

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  • 문형사
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  • 2016-03-22 출간
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  • 868페이지
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  • 188 X 254
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  • ISBN 9788963994796
★★★★★ 평점(10/10) | 리뷰(1)
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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 ························································································10
[1] 서구 형사소송법의 발전/ 10 [2] 우리 형사소송법의 발전/ 11

제2장 형사소송의 이념과 본질
제1절 형사소송의 이념 ···························································································12
[1] 형사소송의 이념과 상호관계/ 12 [2] 실체적 진실주의/ 12
[3] 적정절차의 원칙/ 15 [4] 신속한 재판의 원칙/ 17
제2절 형사소송의 기본구조 ·····················································································22
[1] 형사소송구조론의 의의/ 22 [2] 규문주의와 탄핵주의/ 22
[3] 직권주의와 당사자주의/ 23
제3절 형사소송절차의 본질 ·····················································································26
[1] 형사소송절차의 의의와 성격/ 26 [2] 형사소송의 실체면과 절차면/ 26

제2편 수사와 공소

제1장 수 사
제1절 수사의 기본개념 ···························································································31
[1] 수사의 의의와 수사기관/ 31 [2] 수사의 구조와 피의자의 지위/ 35
[3] 수사의 조건/ 37
제2절 수사의 개시 ·································································································42
[1] 수사의 단서/ 42 [2] 불심검문/ 42
[3] 고 소/ 49 [4] 기타의 수사단서/ 63
제3절 수사의 방법 ·································································································69
[1] 총 설/ 69 [2] 임의수사/ 74 [3] 강제수사/ 82
제4절 대인적 강제수사 ···························································································85
[1] 피의자의 체포/ 85 [2] 피의자 구속/ 98
[3] 피의자·피고인의 접견교통권/ 110 [4] 체포·구속된 피의자의 석방제도/ 116
제5절 대물적 강제수사 ·························································································126
[1] 수사상의 압수·수색/ 126 [2] 수사상의 검증/ 140
[3] 압수·수색·검증과 영장주의의 예외/ 146
[4] 수사상의 감정/ 155 [5] 기술적 수단에 의한 수사/ 158
제6절 수사상의 증거보전 ······················································································167
[1] 증거보전/ 167 [2] 참고인에 대한 증인신문/ 171
제7절 수사의 종결 ·······························································································175
[1] 수사종결의 의의와 종류/ 175 [2] 불기소처분에 대한 불복방법/ 179
[3] 공소제기 후의 수사/ 182

제2장 공소의 제기
제1절 공소와 공소권이론 ······················································································186
[1] 공소의 의의/ 186 [2] 공소권이론/ 186 [3] 공소권남용론/ 187
제2절 공소제기의 기본원칙 ···················································································193
[1] 국가소추주의/ 193 [2] 기소독점주의/ 193
[3] 기소편의주의/ 195 [4] 공소의 취소/ 199
[5] 재정신청과 기소강제절차/ 202
제3절 공소제기의 방식 ·························································································209
[1] 서면주의/ 209 [2] 공소장의 기재사항/ 210 [3] 공소장일본주의/ 221
제4절 공소제기의 효과 ·························································································227
[1] 소송계속/ 227 [2] 심판범위의 한정/ 228 [3] 공소시효의 정지/ 231
제5절 공소시효 ···································································································232
[1] 공소시효의 의의와 본질/ 232 [2] 공소시효의 기간/ 234
[3] 공소시효의 정지/ 240 [4] 공소시효의 완성/ 244

제3편 공판

제1장 소송주체
제1절 법 원 ········································································································248
[1] 법원의 의의와 종류/ 248 [2] 법원의 관할/ 250 [3] 제척·기피·회피/ 264
제2절 검 사 ········································································································273
[1] 검사와 검찰청/ 273 [2] 검사의 조직과 구조/ 275 [3] 검사의 소송법상 지위/ 278
제3절 피고인 ······································································································281
[1] 피고인의 의의와 특정/ 281 [2] 피고인의 당사자능력과 소송능력/ 284
[3] 피고인의 소송법상 지위/ 288 [4] 무죄추정의 원칙/ 290
[5] 피고인의 진술거부권/ 294
제4절 변호인 ······································································································301
[1] 변호인제도의 의의/ 301 [2] 변호인의 선임·선정/ 301
[3] 변호인의 지위와 권한/ 312 [4] 보조인/ 320

제2장 소송행위와 소송조건
제1절 소송행위 ···································································································322
[1] 소송행위의 의의와 종류/ 322 [2] 소송행위의 일반적 요소/ 325
[3] 소송행위에 대한 가치판단/ 330 [4] 소송서류/ 339
제2절 소송조건 ···································································································350
[1] 소송조건의 의의와 종류/ 350 [2] 소송조건의 조사와 흠결/ 351
[3] 소송조건의 추완/ 353

제3장 공판절차
제1절 공판절차의 기본원칙 ···················································································354
[1] 공판절차의 의의/ 354 [2] 공판절차의 기본원칙/ 354
제2절 공판심리의 범위 ·························································································360
[1] 심판의 대상/ 360 [2] 공소장변경/ 363
제3절 공판준비절차 ·····························································································385
[1] 공판준비절차의 의의/ 385 [2] 광의의 공판준비절차/ 386
[3] 협의의 공판준비절차/ 394
제4절 공판정에서의 심리 4절 공판정에서의 심리 ····················································398
[1] 공판정의 구성과 법원의 권한/ 398 [2] 공판기일의 절차/ 407
[3] 공판절차이분론/ 412
제5절 증거조사와 강제처분 ···················································································413
[1] 법원의 증거조사/ 413 [2] 법원의 강제처분/ 446
제6절 공판절차의 특칙 ·························································································466
[1] 간이공판절차/ 466 [2] 공판절차의 정지와 갱신/ 472
[3] 변론의 병합·분리·재개/ 476 [4] 국민참여재판/ 478

제4장 증 거
제1절 증거법의 기본개념 ······················································································491
[1] 증거의 의의와 종류/ 491 [2] 증거능력과 증명력/ 494
제2절 증명의 기본원칙 ·························································································496
[1] 증거재판주의/ 496 [2] 거증책임/ 505 [3] 자유심증주의/ 509
제3절 위법수집증거배제법칙 ·················································································519
[1] 서 설/ 519
[2] 위법수집증거배제법칙의 적용범위/ 520
[3] 위법수집증거배제법칙의 적용효과/ 531
제4절 자백배제법칙 ·····························································································532
[1] 자백의 의의와 효과/ 532 [2] 자백배제법칙/ 535
제5절 전문법칙 ···································································································542
[1] 전문증거와 전문법칙/ 542 [2] 전문법칙의 예외/ 546 [3] 진술의 임의성/ 596
제6절 당사자의 동의와 증거능력 ···········································································600
[1] 증거동의의 의의와 성질/ 600 [2] 증거동의의 방법/ 601
[3] 증거동의의 의제/ 605 [4] 증거동의의 효과/ 607
[5] 증거동의의 철회 및 취소/ 609
제7절 탄핵증거 ···································································································611
[1] 탄핵증거의 의의와 성격/ 611 [2] 탄핵증거의 허용범위 및 자격/ 612
[3] 탄핵의 대상과 범위/ 614 [4] 탄핵증거의 제출과 조사방법/ 616
제8절 자백보강법칙 ·····························································································617
[1] 자백보강법칙의 의의와 필요성/ 617 [2] 자백보강법칙의 적용범위/ 618
[3] 보강증거의 자격/ 621 [4] 보강증거의 범위/ 623
[5] 자백보강법칙 위반의 효과/ 626
제9절 공판조서의 증명력 9절 공판조서의 증명력 ····················································627
[1] 공판조서의 배타적 증명력/ 627 [2] 배타적 증명력이 인정되는 범위/ 628
[3] 배타적 증명력 있는 공판조서/ 630

제5장 재 판
제1절 재판의 기본개념 ·························································································632
[1] 재판의 의의와 종류/ 632 [2] 재판의 성립 및 방식/ 634
제2절 종국재판 ···································································································638
[1] 유죄판결/ 638 [2] 무죄판결/ 647 [3] 관할위반의 판결/ 650
[4] 공소기각의 재판/ 651 [5] 면소판결/ 658 [6] 종국재판의 부수효과와 부수처분/ 664
제3절 재판의 확정과 효력 ····················································································666
[1] 재판의 확정/ 666 [2] 재판의 확정력/ 667 [3] 기판력/ 669
제4절 소송비용 ···································································································676
[1] 소송비용의 의의/ 676 [2] 소송비용의 부담자/ 677
[3] 소송비용부담의 절차/ 678 [4] 무죄판결에 대한 비용보상/ 680

제4편 상소·비상구제절차·특별형사절차

제1장 상 소
제1절 상소의 일반이론 ························································· ······························685
[1] 상소의 의의와 종류/ 685 [2] 상소권/ 686 [3] 상소의 이익/ 691
[4] 상소의 제기와 포기·취하/ 695 [5] 일부상소/ 700
[6] 불이익변경금지의 원칙/ 706 [7] 파기판결의 구속력/ 717
제2절 항 소 ········································································································722
[1] 항소의 의의와 항소심의 구조/ 722 [2] 항소이유/ 724
[3] 항소심의 절차/ 728
제3절 상 고 ········································································································744
[1] 상고의 의의와 상고심의 구조/ 744 [2] 상고이유/ 745
[3] 상고심의 절차/ 749 [4] 비약적 상고/ 755 [5] 상고심판결의 정정/ 757
제4절 항 고 ········································································································758
[1] 항고의 의의와 종류/ 758 [2] 항고심의 절차/ 760 [3] 준항고/ 762

제2장 비상구제절차
제1절 재 심 ········································································································767
[1] 서 설/ 767 [2] 재심이유/ 769
[3] 재심개시절차/ 778 [4] 재심심판절차/ 784
제2절 비상상고 ···································································································787
[1] 비상상고의 의의/ 787 [2] 비상상고의 대상/ 788
[3] 비상상고의 이유/ 788 [4] 비상상고의 절차/ 791

제3장 특별형사절차
제1절 약식절차 ···································································································794
[1] 약식절차의 의의/ 794 [2] 약식명령의 청구/ 795
[3] 약식절차의 심판/ 796 [4] 정식재판의 청구와 재판/ 799
제2절 즉결심판절차 ·····························································································804
[1] 즉결심판절차의 의의와 성격/ 804 [2] 즉결심판의 청구/ 805
[3] 즉결심판청구사건의 심판/ 806 [4] 정식재판의 청구와 재판/ 810
제3절 소년에 대한 특별절차 ·················································································812
[1] 서 설/ 812 [2] 소년보호절차/ 812 [3] 소년형사절차/ 815
제4절 피해자 보호절차 ·························································································819
[1] 형사조정절차/ 819 [2] 배상명령절차/ 820
[3] 화해절차/ 826 [4] 국가에 의한 범죄피해자구조제도/ 827

제4장 재판의 집행과 형사보상 및 명예회복
제1절 재판의 집행 ·······························································································831
[1] 재판집행의 일반원칙/ 831 [2] 형의 집행/ 834
[3] 재판집행에 대한 구제절차/ 839
제2절 형사보상과 명예회복 ···················································································841
[1] 형사보상제도/ 841 [2] 명예회복제도/ 847

[판례색인] ··········································································································849
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