합격의 호위무사 성기호 형사법
도서명:합격의 호위무사 성기호 형사법
저자/출판사:성기호/좋은책
쪽수:585쪽
출판일:2022-09-20
ISBN:9791163484820
목차
제 0 편 형사소송의 기초
제1. 형사소송법 서론 ····································· 5
제2. 형사소송의 주체 및 소송관계인 ········· 6
제3. 수 사 ························································ 7
제4. 공소제기 ················································· 9
제5. 공 판 ······················································ 10
제6. 증 거 ······················································ 11
제7. 재 판 ······················································ 14
제8. 상소·비상구제절차·특별절차 ············ 15
제 1 편 수 사
제1장 수사의 기본개념
01 수사의 의의와 한계 ······························· 19
02 수사의 조건 ············································ 24
신분비공개수사와 신분위장수사 ········· 31
03 수사기관 ·················································· 35
전문수사자문위원 ······························· 49
04 피의자 ······················································ 51
당사자로서의 피고인의 지위 ·············· 54
진술거부권 ·········································· 55
제2장 수사의 개시
05 수사의 단서 ············································ 61
06 불심검문 ·················································· 65
07 변사자 검시 ············································ 71
08 고 소 ························································ 74
09 고소 불가분의 원칙 ······························· 92
10 고 발 ······················································ 100
고소와 고발의 이동 ··························· 103
11 자 수 ······················································ 105
제3장 임의수사
12 임의수사의 본질과 한계 ····················· 109
13 수사상 임의동행 ·································· 114
14 피의자신문 ············································ 118
15 피의자신문시 변호인의 참여권 ········· 127
16 참고인조사 등 임의수사 ····················· 133
증인과 참고인의 비교 ······················· 138
17 피의자·참고인 진술의 영상녹화 ······· 140
제4장 대인적 강제수사
18 강제처분과 강제수사 ·························· 149
19 체포영장에 의한 체포 ························· 152
20 긴급체포 ················································ 159
21 현행범인 체포 ······································ 168
22 구 속 ······················································ 177
제5장 대인적 강제수사의 통제
23 접견교통권 ············································ 199
24 구속전 피의자심문제도
(영장실질심사제도) ····························· 210
25 체포·구속적부심사제도 ······················ 218
26 보증금납입조건부 피의자 석방제도
(피의자 보석제도) ································ 226
27 보 석 ······················································ 231
28 구속의 집행정지 ·································· 243
29 구속의 실효 ·········································· 248
제6장 대물적 강제수사
30 압수와 수색 ·········································· 255
정보저장매체에 저장된 전자정보에 대한
압수·수색 ·········································· 264
31 압수·수색의 절차 ································ 277
32 대물적 강제처분에서의 영장주의 예외 · 287
33 압수물의 처리 ······································ 299
34 수사상 검증 ·········································· 311
35 수사상 감정 ·········································· 321
36 통신제한조치 ········································ 326
제7장 수사상 증거보전제도
37 증거보전과 수사상 증인신문 ············· 345
제8장 수사의 종결
38 수사의 종결 ·········································· 355
39 불기소처분에 대한 불복 ····················· 364
40 공소제기 후 수사 ································· 376
제 2 편 증 거
제1장 증거법 총론
41 증거의 의의와 종류 ····························· 385
42 증거재판주의 ········································ 392
43 자유심증주의 ········································ 401
44 거증책임 ················································ 408
제2장 자백배제법칙
45 자백배제법칙 ········································ 415
46 자백배제법칙의 적용범위 ·················· 422
제3장 위법수집증거배제법칙
47 위법수집증거배제법칙 ························ 429
48 독수과실이론 ········································ 440
제4장 전문법칙
49 전문법칙 ················································ 447
50 법원·법관 면전조서 ···························· 459
51 피의자신문조서 ···································· 463
52 진술조서 ················································ 470
53 진술서 ···················································· 475
54 수사기관의 검증조서 ·························· 480
55 감정서 ···················································· 485
56 제314조에 의한 증거능력 ·················· 487
57 당연히 증거능력이 있는 서류 ··········· 496
58 전문진술 ················································ 503
조사자증언 ········································ 506
재전문증거 ········································ 508
59 진술의 임의성 ······································ 510
제5장 전문법칙 관련문제
60 사진의 증거능력 ·································· 513
61 녹음테이프의 증거능력 ······················ 517
62 컴퓨터디스크에 저장된 문자정보 ····· 525
63 **** ········································ 530
제6장 당사자의 증거동의와 증거능력
64 증거동의와 증거능력 ·························· 533
제7장 탄핵증거
65 탄핵증거 ················································ 543
제8장 자백보강법칙
66 자백보강법칙 ········································ 549
공범·공동피고인 정리 ······················· 560
제9장 공판조서의 증명력
67 공판조서의 배타적 증명력 ················· 563
판례색인 ······················································ 568