2018 형사소송법요론

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/ 19
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/ 39
[3] 수사의 조건/ 42
제2절 수사의 개시 ······························································································· 49
[1] 수사의 단서/ 49 [2] 불심검문/ 49
[3] 고 소/ 58 [4] 기타의 수사단서/ 75
제3절 수사의 방법 ······························································································· 81
[1] 총 설/ 81 [2] 임의수사/ 89 [3] 강제수사/ 98
제4절 대인적 강제수사 ······················································································· 101
[1] 피의자의 체포/ 101 [2] 피의자 구속/ 116
[3] 피의자·피고인의 접견교통권/ 131 [4] 체포·구속된 피의자의 석방제도/ 137
제5절 대물적 강제수사 ······················································································· 148
[1] 수사상의 압수·수색/ 148 [2] 수사상의 검증/ 166
[3] 압수·수색·검증과 영장주의의 예외/ 173
[4] 수사상의 감정/ 183 [5] 기술적 수단에 의한 수사/ 186
제6절 수사상의 증거보전 ···················································································· 198
[1] 증거보전/ 198 [2] 참고인에 대한 증인신문/ 202
제7절 수사의 종결 ····························································································· 207
[1] 수사종결의 의의와 종류/ 207 [2] 불기소처분에 대한 불복방법/ 211
[3] 공소제기 후의 수사/ 214
제2장 공소의 제기
제1절 공소와 공소권이론 ···················································································· 220
[1] 공소의 의의/ 220 [2] 공소권이론/ 220 [3] 공소권남용론/ 222
제2절 공소제기의 기본원칙 ················································································· 230
[1] 국가소추주의/ 230 [2] 기소독점주의/ 230
[3] 기소편의주의/ 232 [4] 공소의 취소/ 237
[5] 재정신청과 기소강제절차/ 241
제3절 공소제기의 방식 ······················································································· 250
[1] 서면주의/ 250 [2] 공소장의 기재사항/ 252 [3] 공소장일본주의/ 264
제4절 공소제기의 효과 ······················································································· 271
[1] 소송계속/ 271 [2] 심판범위의 한정/ 272 [3] 공소시효의 정지/ 277
제5절 공소시효 ·································································································· 278
[1] 공소시효의 의의와 본질/ 278 [2] 공소시효의 기간/ 281
[3] 공소시효의 정지/ 287 [4] 공소시효의 완성/ 291
제3편 공 판
제1장 소송주체
제1절 법 원 ······································································································ 296
[1] 법원의 의의와 종류/ 296 [2] 법원의 관할/ 298 [3] 제척·기피·회피/ 313
제2절 검 사 ······································································································ 324
[1] 검사와 검찰청/ 324 [2] 검사의 조직과 구조/ 326 [3] 검사의 소송법상 지위/ 329
제3절 피고인 ····································································································· 333
[1] 피고인의 의의와 특정/ 333 [2] 피고인의 당사자능력과 소송능력/ 338
[3] 피고인의 소송법상 지위/ 342 [4] 무죄추정의 원칙/ 346
[5] 피고인의 진술거부권/ 352
제4절 변호인 ····································································································· 362
[1] 변호인제도의 의의/ 362 [2] 변호인의 선임·선정/ 363
[3] 변호인의 지위와 권한/ 375 [4] 보조인/ 385
제2장 소송행위와 소송조건
제1절 소송행위 ·································································································· 386
[1] 소송행위의 의의와 종류/ 386 [2] 소송행위의 일반적 요소/ 389
[3] 소송행위에 대한 가치판단/ 395 [4] 소송서류/ 406
제2절 소송조건 ·································································································· 418
[1] 소송조건의 의의와 종류/ 418 [2] 소송조건의 조사와 흠결/ 419
[3] 소송조건의 추완/ 422
제3장 공판절차
제1절 공판절차의 기본원칙 ················································································· 423
[1] 공판절차의 의의/ 423 [2] 공판절차의 기본원칙/ 423
제2절 공판심리의 범위 ······················································································· 429
[1] 심판의 대상/ 429 [2] 공소장변경/ 433
제3절 공판준비절차 ···························································································· 461
[1] 공판준비절차의 의의/ 461 [2] 광의의 공판준비절차/ 462
[3] 협의의 공판준비절차/ 470
제4절 공판정에서의 심리 ···················································································· 475
[1] 공판정의 구성과 법원의 권한/ 475 [2] 공판기일의 절차/ 484
[3] 공판절차이분론/ 490
제5절 증거조사와 강제처분 ················································································· 493
[1] 법원의 증거조사/ 493 [2] 법원의 강제처분/ 528
제6절 공판절차의 특칙 ······················································································· 550
[1] 간이공판절차/ 550 [2] 공판절차의 정지와 갱신/ 556
[3] 변론의 병합·분리·재개/ 561 [4] 국민참여재판/ 563
제4장 증 거
제1절 증거법의 기본개념 ···················································································· 576
[1] 증거의 의의와 종류/ 576 [2] 증거능력과 증명력/ 579
제2절 증명의 기본원칙 ······················································································· 581
[1] 증거재판주의/ 581 [2] 거증책임/ 591 [3] 자유심증주의/ 598
제3절 위법수집증거배제법칙 ················································································ 608
[1] 위법수집증거배제법칙의 의의 및 연혁/ 608
[2] 위법수집증거배제법칙의 적용범위/ 610
[3] 위법수집증거배제법칙의 적용효과/ 622
제4절 자백배제법칙 ···························································································· 624
[1] 자백의 의의와 효과/ 624 [2] 자백배제법칙/ 627
제5절 전문법칙 ·································································································· 638
[1] 전문증거와 전문법칙/ 638 [2] 전문법칙의 예외/ 642 [3] 진술의 임의성/ 708
제6절 당사자의 동의와 증거능력 ·········································································· 713
[1] 증거동의의 의의와 성질/ 713 [2] 증거동의의 방법/ 715
[3] 증거동의의 의제/ 720 [4] 증거동의의 효과/ 722
[5] 증거동의의 철회 및 취소/ 725
제7절 탄핵증거 ·································································································· 727
[1] 탄핵증거의 의의와 성격/ 727 [2] 탄핵증거의 허용범위 및 자격/ 728
[3] 탄핵의 대상과 범위/ 731 [4] 탄핵증거의 제출과 조사방법/ 733
제8절 자백보강법칙 ···························································································· 735
[1] 자백보강법칙의 의의와 필요성/ 735 [2] 자백보강법칙의 적용범위/ 736
[3] 보강증거의 자격/ 740 [4] 보강증거의 범위/ 744
[5] 자백보강법칙 위반의 효과/ 747
제9절 공판조서의 증명력 ···················································································· 748
[1] 공판조서의 배타적 증명력/ 748 [2] 배타적 증명력이 인정되는 범위/ 749
[3] 배타적 증명력 있는 공판조서/ 751
제5장 재 판
제1절 재판의 기본개념 ······················································································· 753
[1] 재판의 의의와 종류/ 753 [2] 재판의 성립 및 방식/ 755
제2절 종국재판 ·································································································· 760
[1] 유죄판결/ 760 [2] 무죄판결/ 771 [3] 관할위반의 판결/ 774
[4] 공소기각의 재판/ 775 [5] 면소판결/ 782 [6] 종국재판의 부수효과와 부수처분/ 790
제3절 재판의 확정과 효력 ··················································································· 792
[1] 재판의 확정/ 792 [2] 재판의 확정력/ 793 [3] 기판력/ 796
제4절 소송비용 ·································································································· 807
[1] 소송비용의 의의/ 807 [2] 소송비용의 부담자/ 808
[3] 소송비용부담의 절차/ 809 [4] 무죄판결에 대한 비용보상/ 811
제4편 상소·비상구제절차·특별형사절차
제1장 상 소
제1절 상소의 일반이론 ······················································································· 815
[1] 상소의 의의와 종류/ 815 [2] 상소권/ 816 [3] 상소의 이익/ 821
[4] 상소의 제기와 포기·취하/ 828 [5] 일부상소/ 833
[6] 불이익변경금지의 원칙/ 840 [7] 파기판결의 구속력/ 852
제2절 항 소 ······································································································ 857
[1] 항소의 의의와 항소심의 구조/ 857 [2] 항소이유/ 861
[3] 항소심의 절차/ 865
제3절 상 고 ······································································································ 883
[1] 상고의 의의와 상고심의 구조/ 883 [2] 상고이유/ 884
[3] 상고심의 절차/ 888 [4] 비약적 상고/ 895 [5] 상고심판결의 정정/ 896
제4절 항 고 ······································································································ 898
[1] 항고의 의의와 종류/ 898 [2] 항고심의 절차/ 900 [3] 준항고/ 902
제2장 비상구제절차
제1절 재 심 ······································································································ 907
[1] 재심의 의의와 구조/ 907 [2] 재심이유/ 910
[3] 재심개시절차/ 921 [4] 재심심판절차/ 927
제2절 비상상고 ·································································································· 931
[1] 비상상고의 의의/ 931 [2] 비상상고의 대상/ 932
[3] 비상상고의 이유/ 933 [4] 비상상고의 절차/ 937
제3장 특별형사절차
제1절 약식절차 ·································································································· 940
[1] 약식절차의 의의/ 940 [2] 약식명령의 청구/ 941
[3] 약식절차의 심판/ 942 [4] 정식재판의 청구와 재판/ 945
제2절 즉결심판절차 ···························································································· 950
[1] 즉결심판절차의 의의와 성격/ 950 [2] 즉결심판의 청구/ 951
[3] 즉결심판청구사건의 심판/ 952 [4] 정식재판의 청구와 재판/ 956
제3절 소년에 대한 특별절차 ················································································ 958
[1] 서 설/ 958 [2] 소년보호절차/ 958 [3] 소년형사절차/ 961
제4절 피해자 보호절차 ······················································································· 965
[1] 형사조정절차/ 965 [2] 배상명령절차/ 966
[3] 화해절차/ 972 [4] 국가에 의한 범죄피해자구조제도/ 973
제4장 재판의 집행과 형사보상 및 명예회복
제1절 재판의 집행 ····························································································· 977
[1] 재판집행의 일반원칙/ 977 [2] 형의 집행/ 980
[3] 재판집행에 대한 구제절차/ 985
제2절 형사보상과 명예회복 ················································································· 988
[1] 형사보상제도/ 988 [2] 명예회복제도/ 995
[판례색인] ········································································································ 997
[사항색인] ······································································································ 1007
[총 론]