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· 분류 : 국내도서 > 수험서/자격증 > 공무원 수험서 > 7/9급 공무원 > 법학 > 형사소송법
· ISBN : 9788963995663
· 쪽수 : 888쪽
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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 ·············································································27
[1] 형사소송절차의 의의와 성격/ 27 [2] 형사소송의 실체면과 절차면/ 27
제2편 수사와 공소
제1장 수 사
제1절 수사의 기본개념 ···················································································33
[1] 수사의 의의와 수사기관/ 33 [2] 수사의 구조와 피의자의 지위/ 37
[3] 수사의 조건/ 39
제2절 수사의 개시···························································································44
[1] 수사의 단서/ 44 [2] 불심검문/ 44
[3] 고 소/ 51 [4] 기타의 수사단서/ 65
제3절 수사의 방법 ·························································································71
[1] 총 설/ 71 [2] 임의수사/ 76 [3] 강제수사/ 85
제4절 대인적 강제수사 ···················································································88
[1] 피의자의 체포/ 88 [2] 피의자 구속/ 102
[3] 피의자·피고인의 접견교통권/ 114 [4] 체포·구속된 피의자의 석방제도/ 121
제5절 대물적 강제수사 ···················································································131
[1] 수사상의 압수·수색/ 131 [2] 수사상의 검증/ 146
[3] 압수·수색·검증과 영장주의의 예외/ 152
[4] 수사상의 감정/ 161 [5] 기술적 수단에 의한 수사/ 165
제6절 수사상의 증거보전 ················································································175
[1] 증거보전/ 175 [2] 참고인에 대한 증인신문/ 179
제7절 수사의 종결 ·························································································184
[1] 수사종결의 의의와 종류/ 184 [2] 불기소처분에 대한 불복방법/ 188
[3] 공소제기 후의 수사/ 191
제2장 공소의 제기
제1절 공소와 공소권이론 ················································································195
[1] 공소의 의의/ 195 [2] 공소권이론/ 195 [3] 공소권남용론/ 196
제2절 공소제기의 기본원칙 ·············································································203
[1] 국가소추주의/ 203 [2] 기소독점주의/ 203
[3] 기소편의주의/ 205 [4] 공소의 취소/ 209
[5] 재정신청과 기소강제절차/ 212
제3절 공소제기의 방식 ···················································································219
[1] 서면주의/ 219 [2] 공소장의 기재사항/ 220 [3] 공소장일본주의/ 231
제4절 공소제기의 효과 ···················································································237
[1] 소송계속/ 237 [2] 심판범위의 한정/ 238 [3] 공소시효의 정지/ 242
제5절 공소시효 ·····························································································243
[1] 공소시효의 의의와 본질/ 243 [2] 공소시효의 기간/ 245
[3] 공소시효의 정지/ 251 [4] 공소시효의 완성/ 255
제3편 공판
제1장 소송주체
제1절 법 원 ··································································································260
[1] 법원의 의의와 종류/ 260 [2] 법원의 관할/ 262 [3] 제척·기피·회피/ 276
제2절 검 사 ··································································································286
[1] 검사와 검찰청/ 286 [2] 검사의 조직과 구조/ 288
[3] 검사의 소송법상 지위/ 291
제3절 피고인 ································································································294
[1] 피고인의 의의와 특정/ 294 [2] 피고인의 당사자능력과 소송능력/ 298
[3] 피고인의 소송법상 지위/ 301 [4] 무죄추정의 원칙/ 303
[5] 피고인의 진술거부권/ 308
제4절 변호인 ································································································315
[1] 변호인제도의 의의/ 315 [2] 변호인의 선임·선정/ 315
[3] 변호인의 지위와 권한/ 326 [4] 보조인/ 335
제2장 소송행위와 소송조건
제1절 소송행위 ·····························································································336
[1] 소송행위의 의의와 종류/ 336 [2] 소송행위의 일반적 요소/ 339
[3] 소송행위에 대한 가치판단/ 344 [4] 소송서류/ 353
제2절 소송조건 ·····························································································365
[1] 소송조건의 의의와 종류/ 365 [2] 소송조건의 조사와 흠결/ 366
[3] 소송조건의 추완/ 369
제3장 공판절차
제1절 공판절차의 기본원칙 ·············································································370
[1] 공판절차의 의의/ 370 [2] 공판절차의 기본원칙/ 370
제2절 공판심리의 범위 ···················································································376
[1] 심판의 대상/ 376 [2] 공소장변경/ 379
제3절 공판준비절차 ························································································402
[1] 공판준비절차의 의의/ 402 [2] 광의의 공판준비절차/ 403
[3] 협의의 공판준비절차/ 411
제4절 공판정에서의 심리 4절 공판정에서의 심리 ···············································415
[1] 공판정의 구성과 법원의 권한/ 415 [2] 공판기일의 절차/ 424
[3] 공판절차이분론/ 429
제5절 증거조사와 강제처분 ·············································································430
[1] 법원의 증거조사/ 430 [2] 법원의 강제처분/ 463
제6절 공판절차의 특칙 ···················································································484
[1] 간이공판절차/ 484 [2] 공판절차의 정지와 갱신/ 490
[3] 변론의 병합·분리·재개/ 494 [4] 국민참여재판/ 497
제4장 증 거
제1절 증거법의 기본개념 ················································································509
[1] 증거의 의의와 종류/ 509 [2] 증거능력과 증명력/ 512
제2절 증명의 기본원칙 ···················································································514
[1] 증거재판주의/ 514 [2] 거증책임/ 523 [3] 자유심증주의/ 527
제3절 위법수집증거배제법칙 ···········································································537
[1] 서 설/ 537
[2] 위법수집증거배제법칙의 적용범위/ 538
[3] 위법수집증거배제법칙의 적용효과/ 549
제4절 자백배제법칙 ·······················································································551
[1] 자백의 의의와 효과/ 551 [2] 자백배제법칙/ 554
제5절 전문법칙 ·····························································································562
[1] 전문증거와 전문법칙/ 562 [2] 전문법칙의 예외/ 565
[3] 진술의 임의성/ 617
제6절 당사자의 동의와 증거능력 ·····································································621
[1] 증거동의의 의의와 성질/ 621 [2] 증거동의의 방법/ 622
[3] 증거동의의 의제/ 626 [4] 증거동의의 효과/ 628
[5] 증거동의의 및 630 탄핵증거 ························································632
[1] 탄핵증거의 의의와 성격/ 632 [2] 탄핵증거의 허용범위 및 자격/ 633
[3] 탄핵의 대상과 범위/ 635 [4] 탄핵증거의 제출과 조사방법/ 637
제8절 자백보강법칙 ·······················································································639
[1] 자백보강법칙의 의의와 필요성/ 639 [2] 자백보강법칙의 적용범위/ 640
[3] 보강증거의 자격/ 643 [4] 보강증거의 범위/ 645
[5] 자백보강법칙 위반의 효과/ 648
제9절 공판조서의 증명력 9절 공판조서의 증명력 ··············································649
[1] 공판조서의 배타적 증명력/ 649 [2] 배타적 증명력이 인정되는 범위/ 650
[3] 배타적 증명력 있는 공판조서/ 652
제5장 재 판
제1절 재판의 기본개념 ··················································································654
[1] 재판의 의의와 종류/ 654 [2] 재판의 성립 및 방식/ 656
제2절 종국재판 ·····························································································661
[1] 유죄판결/ 661 [2] 무죄판결/ 670 [3] 관할위반의 판결/ 673
[4] 공소기각의 재판/ 674 [5] 면소판결/ 681
[6] 종국재판의 부수효과와 부수처분/ 687
제3절 재판의 확정과 효력 ··············································································689
[1] 재판의 확정/ 689 [2] 재판의 확정력/ 690 [3] 기판력/ 692
제4절 소송비용 ·····························································································700
[1] 소송비용의 의의/ 700 [2] 소송비용의 부담자/ 701
[3] 소송비용부담의 절차/ 702 [4] 무죄판결에 대한 비용보상/ 704
제4편 상소·비상구제절차·특별형사절차
제1장 상 소
제1절 상소의 일반이론 ··················································································709
[1] 상소의 의의와 종류/ 709 [2] 상소권/ 710 [3] 상소의 이익/ 715
[4] 상소의 제기와 포기·취하/ 719 [5] 일부상소/ 724
[6] 불이익변경금지의 원칙/ 730 [7] 파기판결의 구속력/ 742
제2절 항 소 ··································································································746
[1] 항소의 의의와 항소심의 구조/ 746 [2] 항소이유/ 748
[3] 항소심의 절차/ 752
제3절 상 고 ·································································································769
[1] 상고의 의의와 상고심의 구조/ 769 [2] 상고이유/ 770
[3] 상고심의 절차/ 774 [4] 비약적 상고/ 781 [5] 상고심판결의 정정/ 782
제4절 항 고 ··································································································784
[1] 항고의 의의와 종류/ 784 [2] 항고심의 절차/ 786 [3] 준항고/ 788
제2장 비상구제절차 제2장 비상구제절차
제1절 재 심 ··································································································793
[1] 서 설/ 793 [2] 재심이유/ 795
[3] 재심개시절차/ 804 [4] 재심심판절차/ 810
제2절 비상상고 ·····························································································814
[1] 비상상고의 의의/ 814 [2] 비상상고의 대상/ 815
[3] 비상상고의 이유/ 815 [4] 비상상고의 절차/ 818
제3장 특별형사절차
제1절 약식절차 ·····························································································822
[1] 약식절차의 의의/ 822 [2] 약식명령의 청구/ 823
[3] 약식절차의 심판/ 824 [4] 정식재판의 청구와 재판/ 827
제2절 즉결심판절차 ·······················································································832
[1] 즉결심판절차의 의의와 성격/ 832 [2] 즉결심판의 청구/ 833
[3] 즉결심판청구사건의 심판/ 834 [4] 정식재판의 청구와 재판/ 838
제3절 소년에 대한 특별절차 ···········································································840
[1] 서 설/ 840 [2] 소년보호절차/ 840 [3] 소년형사절차/ 843
제4절 피해자 보호절차 ··················································································847
[1] 형사조정절차/ 847 [2] 배상명령절차/ 848
[3] 화해절차/ 854 [4] 국가에 의한 범죄피해자구조제도/ 856
제4장 재판의 집행과 형사보상 및 명예회복
제1절 재판의 집행 ·························································································859
[1] 재판집행의 일반원칙/ 859 [2] 형의 집행/ 862
[3] 재판집행에 대한 구제절차/ 867
제2절 형사보상과 명예회복 ············································································870
[1] 형사보상제도/ 870 [2] 명예회복제도/ 876
[판례색인] ·······································································································879