수사의 밀행성 원칙에 대한 소고

초록

The term “principle of secrecy in investigations” is frequently used in academia and practice. However, detailed discussions regarding its precise meaning or limitations appear to have been lacking thus far. This article therefore examines the meaning, basis, and limitations of the principle of secrecy in investigations. The principle of secrecy in investigations is the principle that the content of an investigation must not be disclosed to the suspect. However, the requirement that information unrelated to the suspect’s alleged crimes should not be disclosed to the general public should be discussed within the framework of the presumption of innocence and must be distinguished from the principle of investigative secrecy. The basis for the principle of secrecy in investigations appears to be the ideal of discovering substantive truth. Linked to the fact that suspects have no obligation to cooperate in criminal proceedings, investigative agencies affirm the principle of investigative secrecy to facilitate the discovery of substantive truth. The principle of investigative secrecy stands in tension with the principle of due process. In this regard, it is necessary to examine whether the actions of investigative agencies constitute deception prohibited by the Constitution and the Criminal Procedure Act, and whether control measures, such as the warrant requirement, are being implemented from the perspective of due process.

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