2022년판 수사와 증거

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서설 형사소송법의 일반이론 ···················································································· 3
[1] 형사소송법의 의의와 성격/ 3 [2] 형사소송법의 법원과 적용범위/ 5
[3] 형사소송의 이념/ 8 [4] 형사소송의 기본구조/ 15

제1장 수 사
제1절 수사의 기본개념 ························································································· 21
[1] 수사의 의의와 수사기관/ 21 [2] 수사의 구조와 피의자의 지위/ 34
[3] 수사의 조건/ 47
제2절 수사의 개시 ······························································································· 53
[1] 수사의 단서/ 53 [2] 불심검문/ 54
[3] 고 소/ 61 [4] 기타의 수사단서/ 77
제3절 수사의 방법 ······························································································· 83
[1] 총 설/ 83 [2] 임의수사/ 89 [3] 강제수사/ 101
제4절 대인적 강제수사 ······················································································· 105
[1] 피의자의 체포/ 105 [2] 피의자 구속/ 122
[3] 피의자·피고인의 접견교통권/ 136 [4] 체포·구속된 피의자의 석방제도/ 143
제5절 대물적 강제수사 ······················································································· 152
[1] 수사상의 압수·수색/ 152 [2] 수사상의 검증/ 173
[3] 압수·수색·검증과 영장주의의 예외/ 182
[4] 수사상의 감정/ 198 [5] 기술적 수단에 의한 수사/ 201
제6절 수사상의 증거보전 ···················································································· 214
[1] 증거보전/ 214 [2] 참고인에 대한 증인신문/ 219
제7절 수사의 종결 ····························································································· 224
[1] 수사종결의 의의와 종류/ 224
[2] 불송치결정·불기소결정에 대한 불복방법/ 234
[3] 공소제기 후의 수사/ 246

제2장 증 거
제1절 증거법의 기본개념 ···················································································· 255
[1] 증거의 의의와 종류/ 255 [2] 증거능력과 증명력/ 258
제2절 증명의 기본원칙 ······················································································· 260
[1] 증거재판주의/ 260 [2] 거증책임/ 270 [3] 자유심증주의/ 274
제3절 위법수집증거배제법칙 ················································································ 286
[1] 서 설/ 286 [2] 위법수집증거배제법칙의 적용범위/ 288
[3] 위법수집증거배제법칙의 적용효과/ 301
제4절 자백배제법칙 ···························································································· 302
[1] 자백의 의의와 효과/ 302 [2] 자백배제법칙/ 305
제5절 전문법칙 ·································································································· 315
[1] 전문증거와 전문법칙/ 315 [2] 전문법칙의 예외/ 319 [3] 진술의 임의성/ 384
제6절 당사자의 동의와 증거능력 ·········································································· 387
[1] 증거동의의 의의와 성질/ 387 [2] 증거동의의 방법/ 388
[3] 증거동의의 의제/ 392 [4] 증거동의의 효과/ 394
[5] 증거동의의 철회 및 취소/ 396
제7절 탄핵증거 ·································································································· 398
[1] 탄핵증거의 의의와 성격/ 398 [2] 탄핵증거의 허용범위 및 자격/ 399
[3] 탄핵의 대상과 범위/ 403 [4] 탄핵증거의 제출과 조사방법/ 404
제8절 자백보강법칙 ···························································································· 406
[1] 자백보강법칙의 의의와 필요성/ 406 [2] 자백보강법칙의 적용범위/ 407
[3] 보강증거의 자격/ 410 [4] 보강증거의 범위/ 414
[5] 자백보강법칙 위반의 효과/ 417
제9절 공판조서의 증명력 ···················································································· 418
[1] 공판조서의 배타적 증명력/ 418 [2] 배타적 증명력이 인정되는 범위/ 419
[3] 배타적 증명력 있는 공판조서/ 422

[부 록] ·········································································································· 423
검사와 사법경찰관의 상호협력과 일반적 수사준칙에 관한 규정/ 425
경찰수사규칙/ 446

[판례색인] ········································································································ 476
[사항색인] ········································································································ 481