▶ 제1편 수 사 ◀


제1장 수사 일반

제1절 수사의 의의와 구조 ····································································································· 2
Ⅰ. 수사의 의의/2
Ⅱ. 수사의 구조/3
Ⅲ. 수사의 조건/4




제2절 수사의 주체와 대상 ··································································································· 11
Ⅰ. 수사기관/11
Ⅱ. 피의자/25



제2장 수사의 개시

제1절 수사의 단서 ················································································································ 35
Ⅰ. 의의/35
Ⅱ. 유형/35
Ⅲ. 수사의 개시시점/35




제2절 불심검문 ····················································································································· 36
Ⅰ. 의의/36
Ⅱ. 대상/37
Ⅲ. 방법/37




제3절 고소 ··························································································································· 40
Ⅰ. 개관/40
Ⅱ. 고소의 절차/49
Ⅲ. 고소불가분의 원칙/55
Ⅳ. 고소의 취소/59
Ⅴ. 고소의 포기/64
Ⅵ. 고소의 제한/65



제4절 고발 ··························································································································· 65
Ⅰ. 의의/65
Ⅱ. 절차 및 형식/66
Ⅲ. 즉시고발범죄/67
Ⅳ. 고소·고발의 비교/68



제5절 자수 ··························································································································· 69
Ⅰ. 의의/69
Ⅱ. 구별/69
Ⅲ. 절차/69




제5절 변시자 검시 ··············································································································· 71
Ⅰ. 의의/71



제3장 수사의 방법

제1절 수사의 기본원칙 ········································································································· 73
Ⅰ. 임의수사의 원칙/73
Ⅱ. 강제수사에 대한 규제/74
Ⅲ. 임의수사와 강제수사의 구별/75
Ⅳ. 임의수사의 한계/76


제2절 임의수사 ······················································································································· 81
Ⅰ. 피의자의 신문/81
Ⅱ. 참고인 조사/89
Ⅲ. 감정·통역·번역의 위촉/91
Ⅳ. 사실조회/92



제3절 대인적 강제수사 ··········································································································· 92
Ⅰ. 강제처분/92
Ⅱ. 영장에 의한 체포/93
Ⅲ. 긴급체포/100
Ⅳ. 현행범 체포/106
Ⅴ. 구속/114
Ⅵ. 체포·구속적부심/132
Ⅶ. 보석/139
Ⅷ. 구속의 집행정지/146
Ⅸ. 구속의 실효/149
Ⅹ. 수사상 감정유치/153
Ⅺ. 피의자·피고인의 접견교통권/154




제4절 대물적 강제수사 ········································································································· 165
Ⅰ. 대물적 강제처분/165
Ⅱ. 압수·수색/165
Ⅲ. 수사상 검증/224
Ⅳ. 수사상 감정/228
Ⅴ. 통신제한조치/229




제5절 수사상 증거보전 ········································································································· 244
Ⅰ. 증거보전/244
Ⅱ. 수사상 증인신문/247



제4장 수사의 종결

제1절 검사의 수사종결 ········································································································· 250
Ⅰ. 의의/250
Ⅱ. 검사의 종결처분/250
Ⅲ. 검사의 처분통지/253




제2절 불기소처분에 대한 불복 ····························································································· 254
Ⅰ. 검찰항고/254
Ⅱ. 재정신청/256
Ⅲ. 헌법소원/264




제3절 경찰의 수사종결 및 통지 ··························································································· 268
Ⅰ. 사법경찰관의 수사종결/268
Ⅱ. 사법경찰관의 처분통지/273



제4절 공소제기 후의 수사 ···································································································· 274
Ⅰ. 의의/274
Ⅱ. 공소제기 후의 강제수사/274
Ⅲ. 공소제기 후의 임의 수사/275




▶ 제2편 증 거 ◀

제1장 증거법 총론

제1절 증거 일반 ··················································································································· 278
Ⅰ. 개관/278
Ⅱ. 증거의 종류/278
Ⅲ. 증거능력과 증명력/283




제2절 증명의 기본원칙 ········································································································· 284
Ⅰ. 증거재판주의/284
Ⅱ. 거증책임/302
Ⅲ. 자유심증주의/311



제2장 증거법 각론

제1절 자백배제법칙 ·············································································································· 326
Ⅰ. 자백/326
Ⅱ. 자백배제법칙의 의의/327
Ⅲ. 자백배제법칙의 적용범위/328
Ⅳ. 인과관계의 요부 및 임의성의 입증/333
Ⅴ. 자백배제법칙의 효과/336




제2절 위법수집증거배제법칙 ································································································ 336
Ⅰ. 개관/336
Ⅱ. 위법수집증거배제법칙의 적용범위/337
Ⅲ. 독수과실이론 및 예외이론/346
Ⅳ. 효과/350
Ⅴ. 관련문제/337




제3절 전문법칙 ····················································································································· 353
Ⅰ. 전문증거/353
Ⅱ. 전문법칙/355
Ⅲ. 전문법칙의 예외/357
Ⅳ. 형사소송법 규정/360
Ⅴ. 전문법칙의 관련문제/413




제4절 증거동의와 증거능력 ·································································································· 428
Ⅰ. 의의/428
Ⅱ. 증거동의의 본질/429
Ⅲ. 증거동의와 전문법칙/429
Ⅳ. 증거동의의 주체와 상대방/429
Ⅴ. 증거동의의 대상/431
Ⅵ. 증거동의의 방식/433
Ⅶ. 증거동의의 의제/434
Ⅷ. 증거동의의 철회·취소/435
Ⅸ. 증거동의의 효과/436




제5절 탄핵증거 ····················································································································· 438
Ⅰ. 의의/438
Ⅱ. 구별/440
Ⅲ. 탄핵의 대상과 범위/440
Ⅳ. 탄핵증거의 제한/441
Ⅴ. 탄핵증거의 조사절차/442




제6절 자백의 보강법칙 ········································································································· 443
Ⅰ. 의의/444
Ⅱ. 보강증가가 필요한 자백/444
Ⅲ. 보강증거/446
Ⅳ. 보강증거의 범위/450
Ⅴ. 자백의 보강법칙 위반효과/452




제7절 공판조서의 증명력 ····································································································· 453
Ⅰ. 의의/453
Ⅱ. 공판조서의 정확성 보장/453
Ⅲ. 배타적 증명력의 범위/454
Ⅳ. 배타적 증명력 있는 공판조서/456



판례색인 ······························································································································ 458