2023 수사와 증거
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2023 수사와 증거
도서명 : 2023 수사와 증거
저자/출판사 : 신호진,저자,글,, 문형사
쪽수 : 545쪽
출판일 : 2023-03-22
ISBN : 9791166871160
정가 : 35000
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/ 33
[3] 수사의 조건/ 48
제2절 수사의 개시 ······························································································· 56
[1] 수사의 단서/ 56 [2] 불심검문/ 57
[3] 고 소/ 66 [4] 기타의 수사단서/ 85
제3절 수사의 방법 ······························································································· 91
[1] 총 설/ 91 [2] 임의수사/ 100 [3] 강제수사/ 113
제4절 대인적 강제수사 ······················································································· 116
[1] 피의자의 체포/ 116 [2] 피의자 구속/ 136
[3] 피의자·피고인의 접견교통권/ 152 [4] 체포·구속된 피의자의 석방제도/ 158
제5절 대물적 강제수사 ······················································································· 169
[1] 수사상의 압수·수색/ 169 [2] 수사상의 검증/ 195
[3] 압수·수색·검증과 영장주의의 예외/ 206
[4] 수사상의 감정/ 226 [5] 기술적 수단에 의한 수사/ 229
제6절 수사상의 증거보전 ···················································································· 243
[1] 증거보전/ 243 [2] 참고인에 대한 증인신문/ 248
제7절 수사의 종결 ····························································································· 253
[1] 수사종결의 의의와 종류/ 253
[2] 불송치결정·불기소결정에 대한 불복방법/ 262
[3] 공소제기 후의 수사/ 273
제2장 증 거
제1절 증거법의 기본개념 ···················································································· 283
[1] 증거의 의의와 종류/ 283 [2] 증거능력과 증명력/ 287
제2절 증명의 기본원칙 ······················································································· 289
[1] 증거재판주의/ 289 [2] 거증책임/ 301 [3] 자유심증주의/ 308
제3절 위법수집증거배제법칙 ················································································ 321
[1] 위법수집증거배제법칙의 의의 및 연혁/ 321
[2] 위법수집증거배제법칙의 적용범위/ 324
[3] 위법수집증거배제법칙의 적용효과/ 339
제4절 자백배제법칙 ···························································································· 341
[1] 자백의 의의와 효과/ 341 [2] 자백배제법칙/ 344
제5절 전문법칙 ·································································································· 357
[1] 전문증거와 전문법칙/ 357 [2] 전문법칙의 예외/ 362 [3] 진술의 임의성/ 440
제6절 당사자의 동의와 증거능력 ·········································································· 445
[1] 증거동의의 의의와 성질/ 445 [2] 증거동의의 방법/ 447
[3] 증거동의의 의제/ 453 [4] 증거동의의 효과/ 456
[5] 증거동의의 철회 및 취소/ 458
제7절 탄핵증거 ·································································································· 460
[1] 탄핵증거의 의의와 성격/ 460 [2] 탄핵증거의 허용범위 및 자격/ 461
[3] 탄핵의 대상과 범위/ 466 [4] 탄핵증거의 제출과 조사방법/ 468
제8절 자백보강법칙 ···························································································· 470
[1] 자백보강법칙의 의의와 필요성/ 470 [2] 자백보강법칙의 적용범위/ 471
[3] 보강증거의 자격/ 476 [4] 보강증거의 범위/ 480
[5] 자백보강법칙 위반의 효과/ 485
제9절 공판조서의 증명력 ···················································································· 486
[1] 공판조서의 배타적 증명력/ 486 [2] 배타적 증명력이 인정되는 범위/ 487
[3] 배타적 증명력 있는 공판조서/ 490
[부 록] ·········································································································· 493
검사와 사법경찰관의 상호협력과 일반적 수사준칙에 관한 규정/ 495
경찰수사규칙/ 516
[판례색인] ········································································································ 547
[사항색인] ········································································································ 553
도서명 : 2023 수사와 증거
저자/출판사 : 신호진,저자,글,, 문형사
쪽수 : 545쪽
출판일 : 2023-03-22
ISBN : 9791166871160
정가 : 35000
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/ 33
[3] 수사의 조건/ 48
제2절 수사의 개시 ······························································································· 56
[1] 수사의 단서/ 56 [2] 불심검문/ 57
[3] 고 소/ 66 [4] 기타의 수사단서/ 85
제3절 수사의 방법 ······························································································· 91
[1] 총 설/ 91 [2] 임의수사/ 100 [3] 강제수사/ 113
제4절 대인적 강제수사 ······················································································· 116
[1] 피의자의 체포/ 116 [2] 피의자 구속/ 136
[3] 피의자·피고인의 접견교통권/ 152 [4] 체포·구속된 피의자의 석방제도/ 158
제5절 대물적 강제수사 ······················································································· 169
[1] 수사상의 압수·수색/ 169 [2] 수사상의 검증/ 195
[3] 압수·수색·검증과 영장주의의 예외/ 206
[4] 수사상의 감정/ 226 [5] 기술적 수단에 의한 수사/ 229
제6절 수사상의 증거보전 ···················································································· 243
[1] 증거보전/ 243 [2] 참고인에 대한 증인신문/ 248
제7절 수사의 종결 ····························································································· 253
[1] 수사종결의 의의와 종류/ 253
[2] 불송치결정·불기소결정에 대한 불복방법/ 262
[3] 공소제기 후의 수사/ 273
제2장 증 거
제1절 증거법의 기본개념 ···················································································· 283
[1] 증거의 의의와 종류/ 283 [2] 증거능력과 증명력/ 287
제2절 증명의 기본원칙 ······················································································· 289
[1] 증거재판주의/ 289 [2] 거증책임/ 301 [3] 자유심증주의/ 308
제3절 위법수집증거배제법칙 ················································································ 321
[1] 위법수집증거배제법칙의 의의 및 연혁/ 321
[2] 위법수집증거배제법칙의 적용범위/ 324
[3] 위법수집증거배제법칙의 적용효과/ 339
제4절 자백배제법칙 ···························································································· 341
[1] 자백의 의의와 효과/ 341 [2] 자백배제법칙/ 344
제5절 전문법칙 ·································································································· 357
[1] 전문증거와 전문법칙/ 357 [2] 전문법칙의 예외/ 362 [3] 진술의 임의성/ 440
제6절 당사자의 동의와 증거능력 ·········································································· 445
[1] 증거동의의 의의와 성질/ 445 [2] 증거동의의 방법/ 447
[3] 증거동의의 의제/ 453 [4] 증거동의의 효과/ 456
[5] 증거동의의 철회 및 취소/ 458
제7절 탄핵증거 ·································································································· 460
[1] 탄핵증거의 의의와 성격/ 460 [2] 탄핵증거의 허용범위 및 자격/ 461
[3] 탄핵의 대상과 범위/ 466 [4] 탄핵증거의 제출과 조사방법/ 468
제8절 자백보강법칙 ···························································································· 470
[1] 자백보강법칙의 의의와 필요성/ 470 [2] 자백보강법칙의 적용범위/ 471
[3] 보강증거의 자격/ 476 [4] 보강증거의 범위/ 480
[5] 자백보강법칙 위반의 효과/ 485
제9절 공판조서의 증명력 ···················································································· 486
[1] 공판조서의 배타적 증명력/ 486 [2] 배타적 증명력이 인정되는 범위/ 487
[3] 배타적 증명력 있는 공판조서/ 490
[부 록] ·········································································································· 493
검사와 사법경찰관의 상호협력과 일반적 수사준칙에 관한 규정/ 495
경찰수사규칙/ 516
[판례색인] ········································································································ 547
[사항색인] ········································································································ 553
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