2019 신체계 팝(FOB) 형사소송법

제1편 서 론
제1장 형사소송법의 기초와 이념
제1절 형사소송법의 기초································································································· 3
. 형사소송법의 의의와 법적성격················································································ 3
. 형사소송법의 법원과 적용범위················································································ 3
제2절 형사소송의 지도이념····························································································· 5
. 형사소송의 목적 / 5
. 실체적 진실주의 / 5
. 적정절차(적법절차) / 6
. 신속한 재판의 원칙 / 7
제2장 형사소송의 구조
1. 소송구조론 / 9
2. 규문주의와 탄핵주의/ 9
3. 탄핵주의 - 직권주의와 당사자주의 / 9
4. 형사소송법의 기본구조 / 10

제2편 수사
제1장 수사
제1절 수사의 의의··········································································································· 13
제2절 수사기관과 피의자······························································································· 15
. 수사기관 / 15
. 피의자 / 16
제3절 수사의 조건··········································································································· 17
제4절 수사의 개시··········································································································· 24
. 수사의 단서 / 24
. 변사자검시 / 24
. 불심검문 / 25
. 고소 / 29
. 고발 / 49

. 자수 / 53
제5절 임의수사················································································································· 54
. 임의수사와 강제수사 / 54
. 임의수사의 방법 / 61
제2장 강제수사
제1절 서 론······················································································································· 70
제2절 체포와 구속··········································································································· 71
. 체포 / 71
. 구속 / 88
. 감정유치 / 102
. 피고인 피의자 등의 접견교통권 / 103
. 체포 구속적부심사제도 / 110
. 보 석 / 115
. 구속의 집행정지, 구속의 취소, 구속의 실효 / 120
제3절 압수 수색 검증······························································································· 124
. 압수와 수색 / 124
. 수사상 검증 / 150
. 수사상의 감정처분 / 154
제4절 수사상의 증거보전과 증인신문······································································· 155
. 수사상의 증거보전 / 155
. 수사상의 증인신문 / 158
제3장 수사의 종결
제1절 수사종결의 의의와 종류··················································································· 160
. 수사종결의 의의 / 160
. 검사의 사건처리 / 160
. 검사의 처분통지 / 162
제2절 검사의 불기소처분에 대한 불복····································································· 163
. 검찰항고 / 163
. 재정신청 / 163
. 헌법소원 / 169
. 행정소송 / 170
제3절 공소제기 후의 수사 ························································································· 171

제3편 공소제기
제1장 공소제기의 기본원칙
제1절 공소제기의 개념과 기본원칙··········································································· 177
. 공소권과 공소제기의 의의 / 177
. 공소제기의 기본원칙 / 177
제2절 공소의 취소와 공소권남용이론······································································· 179
. 공소의 취소 / 179
. 공소권 남용이론 / 182
제2장 공소제기의 방식
제1절 공소장··················································································································· 186
제2절 공소장일본주의··································································································· 196
제3장 공소제기의 효과
제1절 공소제기의 효과································································································· 200
. 소송계속 / 200
. 공소시효의 정지 / 200
. 심판범위의 한정 / 200
제2절 공판심리의 범위································································································· 203
. 일죄의 일부에 대한 공소제기 / 203
. 공소장변경(현실적 심판대상 변경) / 204
제3절 공소시효··············································································································· 229

제4편 소송주체와 소송절차의 일반이론
제1장 소송주체
제1절 법원······················································································································· 241
. 소송의 주체와 구별개념 / 241
. 법원의 의의 / 241
. 법원의 관할 / 242
. 제척 기피 회피 / 254

제2절 검사······················································································································· 265
. 검사의 의의와 성격 / 265
. 검사동일체의 원칙 / 266
. 검사의 소송법상의 지위 / 267
제3절 피고인··················································································································· 269
. 의 의 / 269
. 피고인의 소송법상 지위 / 274
. 무죄추정의 원칙 / 274
. 진술거부권 / 274
. 당사자능력과 소송능력 / 279
제4절 변호인··················································································································· 283
. 의 의 / 283
. 변호인의 선임 / 283
. 변호인의 지위와 권한 / 291
제5절 보조인··················································································································· 294
제2장 소송절차의 일반이론
제1절 소송행위··············································································································· 295
제2절 소송행위의 일반적 요소··················································································· 295
. 소송행위의 주체 / 295
. 소송행위의 일시 / 296
. 소송행위의 방식 / 297
. 소송행위의 가치판단 / 300
제3절 소송서류와 송달································································································· 307
제4절 소송조건··············································································································· 312

제5편 공판
제1장 공판절차
제1절 공판절차의 기본원칙························································································· 317
제2절 공판정의 구성과 소송지휘권··········································································· 319

제3절 공판기일 전의 절차와 증거개시····································································· 326
. 공판기일 전의 절차 / 326
. 증거개시 / 330
제4절 공판기일의 절차 ······························································································· 334
제5절 증거조사··············································································································· 342
. 증인신문 / 342
. 검 증 / 358
. 감정 통역 번역 / 360
제6절 공판절차의 특칙 ······························································································· 362
제7절 국민참여재판 ····································································································· 371
제2장 증 거
제1절 증거의 의의와 종류··························································································· 385
제2절 증거재판주의······································································································· 389
제3절 증거능력에 관한 법칙······················································································· 399
. 자백배제법칙 / 399
. 위법수집증거배제법칙 / 405
. 전문법칙 / 419
-1. 전문증거와 전문법칙 / 419
-2. 전문법칙의 예외 / 424
-3. 전문법칙의 예외의 구체적 고찰 / 424
. 전문법칙의 관련문제 / 462
. 증거동의 / 469
제4절 증명력의 판단····································································································· 477
. 자유심증주의 / 477
. 탄핵증거 / 486
. 자백의 보강법칙 / 491
. 공판조서의 증명력 / 499
제3장 재판
제1절 재판의 기본개념································································································· 502
제2절 종국재판··············································································································· 507

제3절 재판의 확정과 효력··························································································· 518
제4절 소송비용과 재산형의 가납판결······································································· 529
. 소송비용 / 529
. 재산형의 가납판결 / 530

제6편 상소 및 특별절차
제1장 상 소
제1절 상소 통칙············································································································· 532
. 상소의 의의와 종류 / 532
. 상소권 / 533
. 상소의 이익 / 538
. 상소의 제기와 포기 취하 / 541
. 일부상소 / 545
. 불이익변경금지원칙 / 551
. 파기판결의 구속력 / 564
제2절 항소······················································································································· 567
제3절 상고······················································································································· 586
제4절 항고와 재항고····································································································· 597
제2장 비상구제절차
제1절 재심······················································································································· 605
제2절 비상상고··············································································································· 626
제3장 특별절차
제1절 약식절차··············································································································· 631
제2절 즉결심판절차······································································································· 637
제3절 소년보호절차와 소년형사절차········································································· 643
제4절 배상명령··············································································································· 647

제4장 재판의 집행과 형사보상
제1절 재판의 집행········································································································· 651
제2절 형사보상과 명예회복························································································· 657
제3절 성폭력범죄의 처벌 등에 관한 특례법··························································· 662