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· 분류 : 국내도서 > 수험서/자격증 > 공무원 수험서 > 7/9급 공무원 > 법학 > 형사소송법
· ISBN : 9791189917579
· 쪽수 : 900쪽
목차
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 ··················································································· 26
[1] 형사소송절차의 의의와 성격/ 26 [2] 형사소송의 실체면과 절차면/ 26
제2편 수사와 공소
제1장 수 사
제1절 수사의 기본개념 ························································································· 31
[1] 수사의 의의와 수사기관/ 31 [2] 수사의 구조와 피의자의 지위/ 37
[3] 수사의 조건/ 39
제2절 수사의 개시 ······························································································· 44
[1] 수사의 단서/ 44 [2] 불심검문/ 44
[3] 고 소/ 50 [4] 기타의 수사단서/ 65
제3절 수사의 방법 ······························································································· 71
[1] 총 설/ 71 [2] 임의수사/ 76 [3] 강제수사/ 84
제4절 대인적 강제수사 ························································································· 88
[1] 피의자의 체포/ 88 [2] 피의자 구속/ 102
[3] 피의자·피고인의 접견교통권/ 115 [4] 체포·구속된 피의자의 석방제도/ 121
제5절 대물적 강제수사 ······················································································· 130
[1] 수사상의 압수·수색/ 130 [2] 수사상의 검증/ 147
[3] 압수·수색·검증과 영장주의의 예외/ 155
[4] 수사상의 감정/ 165 [5] 기술적 수단에 의한 수사/ 168
제6절 수사상의 증거보전 ···················································································· 180
[1] 증거보전/ 180 [2] 참고인에 대한 증인신문/ 184
제7절 수사의 종결 ····························································································· 189
[1] 수사종결의 의의와 종류/ 189 [2] 불기소처분에 대한 불복방법/ 193
[3] 공소제기 후의 수사/ 196
제2장 공소의 제기
제1절 공소와 공소권이론 ···················································································· 200
[1] 공소의 의의/ 200 [2] 공소권이론/ 200 [3] 공소권남용론/ 201
제2절 공소제기의 기본원칙 ················································································· 208
[1] 국가소추주의/ 208 [2] 기소독점주의/ 208
[3] 기소편의주의/ 210 [4] 공소의 취소/ 214
[5] 재정신청과 기소강제절차/ 216
제3절 공소제기의 방식 ······················································································· 224
[1] 서면주의/ 224 [2] 공소장의 기재사항/ 226 [3] 공소장일본주의/ 237
제4절 공소제기의 효과 ······················································································· 243
[1] 소송계속/ 243 [2] 심판범위의 한정/ 244 [3] 공소시효의 정지/ 248
제5절 공소시효 ·································································································· 249
[1] 공소시효의 의의와 본질/ 249 [2] 공소시효의 기간/ 251
[3] 공소시효의 정지/ 257 [4] 공소시효의 완성/ 261
제3편 공 판
제1장 소송주체
제1절 법 원 ······································································································ 266
[1] 법원의 의의와 종류/ 266 [2] 법원의 관할/ 268 [3] 제척·기피·회피/ 282
제2절 검 사 ······································································································ 292
[1] 검사와 검찰청/ 292 [2] 검사의 조직과 구조/ 294
[3] 검사의 소송법상 지위/ 297 [4] 고위공직자범죄수사처/ 300
제3절 피고인 ····································································································· 306
[1] 피고인의 의의와 특정/ 306 [2] 피고인의 당사자능력과 소송능력/ 310
[3] 피고인의 소송법상 지위/ 313 [4] 무죄추정의 원칙/ 315
[5] 피고인의 진술거부권/ 320
제4절 변호인 ····································································································· 327
[1] 변호인제도의 의의/ 327 [2] 변호인의 선임·선정/ 327
[3] 변호인의 지위와 권한/ 339 [4] 보조인/ 347
제2장 소송행위와 소송조건
제1절 소송행위 ·································································································· 349
[1] 소송행위의 의의와 종류/ 349 [2] 소송행위의 일반적 요소/ 352
[3] 소송행위에 대한 가치판단/ 357 [4] 소송서류/ 366
제2절 소송조건 ·································································································· 378
[1] 소송조건의 의의와 종류/ 378 [2] 소송조건의 조사와 흠결/ 379
[3] 소송조건의 추완/ 382
제3장 공판절차
제1절 공판절차의 기본원칙 ················································································· 383
[1] 공판절차의 의의/ 383 [2] 공판절차의 기본원칙/ 383
제2절 공판심리의 범위 ······················································································· 389
[1] 심판의 대상/ 389 [2] 공소장변경/ 392
제3절 공판준비절차 ···························································································· 416
[1] 공판준비절차의 의의/ 416 [2] 광의의 공판준비절차/ 417
[3] 협의의 공판준비절차/ 425
제4절 공판정에서의 심리 ···················································································· 429
[1] 공판정의 구성과 법원의 권한/ 429 [2] 공판기일의 절차/ 438
[3] 공판절차이분론/ 443
제5절 증거조사와 강제처분 ················································································· 445
[1] 법원의 증거조사/ 445 [2] 법원의 강제처분/ 478
제6절 공판절차의 특칙 ······················································································· 500
[1] 간이공판절차/ 500 [2] 공판절차의 정지와 갱신/ 505
[3] 변론의 병합·분리·재개/ 510 [4] 국민참여재판/ 512
제4장 증 거
제1절 증거법의 기본개념 ···················································································· 525
[1] 증거의 의의와 종류/ 525 [2] 증거능력과 증명력/ 528
제2절 증명의 기본원칙 ······················································································· 530
[1] 증거재판주의/ 530 [2] 거증책임/ 539 [3] 자유심증주의/ 543
제3절 위법수집증거배제법칙 ················································································ 554
[1] 서 설/ 554
[2] 위법수집증거배제법칙의 적용범위/ 555
[3] 위법수집증거배제법칙의 적용효과/ 566
제4절 자백배제법칙 ···························································································· 568
[1] 자백의 의의와 효과/ 568 [2] 자백배제법칙/ 571
제5절 전문법칙 ·································································································· 579
[1] 전문증거와 전문법칙/ 579 [2] 전문법칙의 예외/ 583 [3] 진술의 임의성/ 634
제6절 당사자의 동의와 증거능력 ·········································································· 638
[1] 증거동의의 의의와 성질/ 638 [2] 증거동의의 방법/ 639
[3] 증거동의의 의제/ 643 [4] 증거동의의 효과/ 645
[5] 증거동의의 철회 및 취소/ 647
제7절 탄핵증거 ·································································································· 649
[1] 탄핵증거의 의의와 성격/ 649 [2] 탄핵증거의 허용범위 및 자격/ 650
[3] 탄핵의 대상과 범위/ 652 [4] 탄핵증거의 제출과 조사방법/ 654
제8절 자백보강법칙 ···························································································· 655
[1] 자백보강법칙의 의의와 필요성/ 655 [2] 자백보강법칙의 적용범위/ 656
[3] 보강증거의 자격/ 659 [4] 보강증거의 범위/ 662
[5] 자백보강법칙 위반의 효과/ 665
제9절 공판조서의 증명력 ···················································································· 666
[1] 공판조서의 배타적 증명력/ 666 [2] 배타적 증명력이 인정되는 범위/ 667
[3] 배타적 증명력 있는 공판조서/ 669
제5장 재 판
제1절 재판의 기본개념 ······················································································· 671
[1] 재판의 의의와 종류/ 671 [2] 재판의 성립 및 방식/ 673
제2절 종국재판 ·································································································· 678
[1] 유죄판결/ 678 [2] 무죄판결/ 687 [3] 관할위반의 판결/ 690
[4] 공소기각의 재판/ 692 [5] 면소판결/ 698 [6] 종국재판의 부수효과와 부수처분/ 704
제3절 재판의 확정과 효력 ··················································································· 706
[1] 재판의 확정/ 706 [2] 재판의 확정력/ 707 [3] 기판력/ 709
제4절 소송비용 ·································································································· 719
[1] 소송비용의 의의/ 719 [2] 소송비용의 부담자/ 720
[3] 소송비용부담의 절차/ 721 [4] 무죄판결에 대한 비용보상/ 723
제4편 상소·비상구제절차·특별형사절차
제1장 상 소
제1절 상소의 일반이론 ······················································································· 727
[1] 상소의 의의와 종류/ 727 [2] 상소권/ 728 [3] 상소의 이익/ 733
[4] 상소의 제기와 포기·취하/ 738 [5] 일부상소/ 743
[6] 불이익변경금지의 원칙/ 750 [7] 파기판결의 구속력/ 761
제2절 항 소 ······································································································ 765
[1] 항소의 의의와 항소심의 구조/ 765 [2] 항소이유/ 767
[3] 항소심의 절차/ 771
제3절 상 고 ······································································································ 790
[1] 상고의 의의와 상고심의 구조/ 790 [2] 상고이유/ 791
[3] 상고심의 절차/ 795 [4] 비약적 상고/ 802 [5] 상고심판결의 정정/ 803
제4절 항 고 ······································································································ 805
[1] 항고의 의의와 종류/ 805 [2] 항고심의 절차/ 807 [3] 준항고/ 809
제2장 비상구제절차
제1절 재 심 ······································································································ 814
[1] 서 설/ 814 [2] 재심이유/ 817
[3] 재심개시절차/ 827 [4] 재심심판절차/ 832
제2절 비상상고 ·································································································· 836
[1] 비상상고의 의의/ 836 [2] 비상상고의 대상/ 837
[3] 비상상고의 이유/ 837 [4] 비상상고의 절차/ 840
제3장 특별형사절차
제1절 약식절차 ·································································································· 844
[1] 약식절차의 의의/ 844 [2] 약식명령의 청구/ 845
[3] 약식절차의 심판/ 846 [4] 정식재판의 청구와 재판/ 849
제2절 즉결심판절차 ···························································································· 853
[1] 즉결심판절차의 의의와 성격/ 853 [2] 즉결심판의 청구/ 854
[3] 즉결심판청구사건의 심판/ 855 [4] 정식재판의 청구와 재판/ 859
제3절 소년에 대한 특별절차 ················································································ 861
[1] 서 설/ 861 [2] 소년보호절차/ 861 [3] 소년형사절차/ 864
제4절 피해자 보호절차 ······················································································· 868
[1] 형사조정절차/ 868 [2] 배상명령절차/ 869
[3] 화해절차/ 875 [4] 국가에 의한 범죄피해자구조제도/ 877
제4장 재판의 집행과 형사보상 및 명예회복
제1절 재판의 집행 ····························································································· 881
[1] 재판집행의 일반원칙/ 881 [2] 형의 집행/ 884
[3] 재판집행에 대한 구제절차/ 889
제2절 형사보상과 명예회복 ················································································· 892
[1] 형사보상제도/ 892 [2] 명예회복제도/ 899
[판례색인] ········································································································ 901