Fundamental Directions and Legislative Theory of the Criminal Procedure Law : Focusing on the Trial and Judgment

The Korean Code of Criminal Procedure has been continuously revised over the past 70 years since its enactment in 1954 to keep pace with the changing times. The 2007 revision, in particular, brought about a fundamental shift in the existing framework of criminal procedure by guaranteeing the human rights of suspects and defendants, expanding the protection and support for victims, and introducing a trial-centered system. This can be seen as part of an effort to realize the concept of constitutional criminal procedure based on the due process clause introduced by the 1987 constitutional amendment. This paper examines the basic direction of the revision of the Code of Criminal Procedure from the perspective of constitutional criminal procedure based on due process, and analyzes the major legislative arguments centering on the first trial and the trial. Before that, we briefly review the main contents of the 2007 revised Code of Criminal Procedure, including the realization of trial-centeredness, and discuss its significance. As with other laws, the revision of the Code of Criminal Procedure is an inevitable process to respond to social demands and changes, but it goes without saying that it cannot be a solution to all problems. This is because there are practical limitations such as the complexity of the legislative process, the difficulty of deriving social consensus, and the possibility of intervention by political interests. We must not forget that the discussion on the revision of the Code of Criminal Procedure is for the ultimate goal of protecting human dignity and realizing a just society. To achieve this, it is necessary not only to revise the law, but also to correctly understand and operate the existing laws that are currently in force, and to make active efforts by the parties involved in the criminal procedure. Investigative agencies must comply with due process and eradicate human rights-violating investigative practices to protect the human rights of suspects. Prosecutors must strive to discover the substantive truth through objective and fair investigations. The court must make a just judgment through a fair and speedy trial. In conclusion, the revision of the Code of Criminal Procedure is an important task for the development of criminal justice, and continuous discussion is needed to respond to new technological developments such as artificial intelligence and social changes. In particular, discussions on revisions that reflect the demands of the times, such as the establishment of a criminal law response system for new types of crimes such as cybercrime and the strengthening of international crime investigation cooperation, must be held.