• Title/Summary/Keyword: Criminal Procedure

Search Result 58, Processing Time 0.021 seconds

The Effect of Investigator's Belief about Veracity of Suspect on Distortions of Paper Records (수사관의 심증이 조서의 왜곡에 미치는 영향)

  • Lee, Hyoung Keun;Jo, Eunkyung;Yi, Mi Sun
    • Korean Journal of Forensic Psychology
    • /
    • v.11 no.3
    • /
    • pp.267-285
    • /
    • 2020
  • The Statement evidence is an important method of proof in the criminal investigation and trial. Under certain conditions set by Korean Criminal Procedure Law, paper records of interrogations are admissible in criminal courts. However, it is shown that distortions are ever-present in paper records. Therefore, this study attempted to examine the effect of the investigator's belief about the veracity of a suspect on distortions of paper records. Ninety police investigators were randomly allocated into one of the three conditions('guilty belief', 'innocent belief', 'neutral belief'), and all the investigators were then asked to document a paper record while watching a prefilmed interrogation interview of the crime. The results showed that (1) the investigator's belief had significant effects on distortions. (2) All groups did more commissions than omissions. (3) matters subject to interrogation also had significant effects on distortions. In the conclusion, implications and limitations of the study were disscussed.

  • PDF

A Study of Major Issues in the Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc. (의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률(안)의 주요 쟁점에 관한 고찰)

  • Park, Joon-Su
    • The Korean Journal of Health Service Management
    • /
    • v.4 no.2
    • /
    • pp.107-117
    • /
    • 2010
  • In this paper, the researcher looked into major issues in the "Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc." which was proposed by the Health & Welfare Committee, the National Assembly of the Republic of Korea, and which was pending with the Legislation & Judiciary Committee. Then the researcher pointed out worrisome problems therein and presented suggestion" to improve problematic situations. First of all, the researcher examined the following items which are major points in the aforementioned Act: 1) Establishment of Korea Medical Dispute Mediation and Arbitration Center, 2) Procedures for mediation and arbitration of medical disputes, 3) Establishment of Medical Injury Compensation Association, 4) Introduction of proxy payment for damages, 5) Compensation for no-fault medical accidents, 6) A system concerned with special cases on criminal punishment. Next, the researcher closely reviewed the following possible issues: 1) Limit of arbitrary mediation, 2) Postponement of the system concerned with special case on criminal punishment, 3) Examination of reasons for rejection, 4) Function and role of the Appraisal department, 5) A possibility of being reduced to an evidence collection procedure for lawsuit, 6) A possibility of no-fault compensation rather than injury compensation, 7) Operational issues related proxy payment for damages. Lastly, the researcher presented suggestions on how to improve each problematic issue.

Network security and legal protection of the Criminal (네트워크보안의 형사법적 보호)

  • Kim, Hyung-Man
    • Journal of Digital Convergence
    • /
    • v.9 no.3
    • /
    • pp.11-19
    • /
    • 2011
  • The spread of computer and network gets various social and economic activities done quickly and efficiently. As a result, it makes a crime using network easy and increases the vulnerability of a social system. As there is a crime as a social being, we need to give careful consideration to the crime occurring in virtual space. Accordingly, the purpose of this paper is to investigate the regulatory need of the Criminal Procedure concerning the network security issues as the new legal and regulatory space that begins to be realized from the late of 20th century because of the extent of social threat. Above all, we addresses whether the amendment of existing legal regulations is necessary, based on the special characteristics of the virtual space.

Synthesis of Composite Particles with Fe3O4 core and Ag Shell for the Development of Fingerprints

  • Zhang, Ling-Yan;Chu, Ting
    • Bulletin of the Korean Chemical Society
    • /
    • v.34 no.5
    • /
    • pp.1457-1461
    • /
    • 2013
  • The $Fe_3O_4$-core and Ag-shell ($Fe_3O_4@Ag$ nanoeggs) were prepared through the encapsulation of 3-aminopropyltriethoxysilane-coated magnetite nanoparticle in nano-Ag shell by a simple chemically controlled procedure. The $Fe_3O_4@Ag$ nanoeggs were characterized by scanning electron microscopy, transmission electron microscopy, UV-vis spectrum and superconducting quantum interference device magnetometer, respectively. A detailed analysis is provided of how the hydrolysis and condensation of 3-aminopropyltriethoxysilane and the pH value are vital in fabricating the $Fe_3O_4@Ag$ nanoeggs. The prepared $Fe_3O_4@Ag$ nanoeggs possessed uniform size, improved monodispersity, stability against aggregation and high magnetization, which were utilized for the detection of latent fingerprints deposited onto different surfaces. The experimental results showed that the latent fingerprints developed with the $Fe_3O_4@Ag$ nanoeggs powders exhibited excellent ridge details with minimal background staining.

Retrospect and Prospect of Medical Law 20th Anniversary (Medical Criminal Law) (의료법학 20주년 회고와 전망(의료형법 분야))

  • Ha, Tae Hoon
    • The Korean Society of Law and Medicine
    • /
    • v.20 no.3
    • /
    • pp.47-79
    • /
    • 2019
  • The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

A Study on Improvement of the investigation procedure for the National Security Violators - Focused on the Rights to Counsel - (안보사범에 대한 수사절차 개선방안 검토 - 피의자 신문시 변호인 참여권 문제를 중심으로 -)

  • Yoon, Hae-Sung;Joo, Seong-Bhin
    • Korean Security Journal
    • /
    • no.46
    • /
    • pp.113-140
    • /
    • 2016
  • Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

  • PDF

Critical Review and Alternatives to the Decriminalization of Tattooing (문신시술의 비범죄화에 대한 비판적 검토와 대안)

  • Shim, YoungJoo;Lee, Sang-Han
    • The Korean Society of Law and Medicine
    • /
    • v.23 no.1
    • /
    • pp.149-176
    • /
    • 2022
  • South Korean law strictly prohibits engagement in medical activities by non-medical practitioners. In the country, tattooing is classified as a medical practice, and non-medical practitioners who engage in it are penalized because they are unauthorized to carry out this procedure. In reality, however, people rarely seek tattooing services from medical personnel. Arguing that their freedom of job selection is violated, non-medical personnel who make a living as tattoo artists reject the characterization of the procedure as a form of medical treatment and demand the decriminalization of tattooing by non-medical practitioners. Nevertheless, tattooing can cause health- and hygiene-related dangers when it is not performed by medical professionals because it involves penetration into the skin using needles. Hence, stringent management is necessary for infection prevention. The gap between reality and the law gives rise to the need for proactive thinking about the institutionalization of tattoo practice by non-medical personnel. Policymakers should reflect on the fact that only minimal tattooing services are currently performed by medical staff while also accounting for health and safety. On this basis, this study examined tattoo-related legislation in South Korea to determine whether the procedure corresponds to medical practice and identify ways to solve problems that occur from the perspective of health care. As a response that promotes safety and reflects reality, this research proposed a three-phase approach.

Application Of Probability Filter For Maintenance Of Air Objects

  • Piskunov, Stanislav;Iasechko, Maksym;Yukhno, leksandr;Polstiana, Nadiia;Gnusov, Yurii;Bashynskyi, Kyrylo;Kozyr, Anton
    • International Journal of Computer Science & Network Security
    • /
    • v.21 no.5
    • /
    • pp.31-34
    • /
    • 2021
  • The article considers the possibilities of increasing the accuracy of estimates of the parameters of the trajectory of the target with the provision of a given probability of stable support of the air object, in particular, during its maneuver. The aim of the work is to develop a filtration algorithm that provides a given probability of stable tracking of the air object by determining the regular components of filtration errors, in particular, when maneuvering the air object, and their compensation with appropriate correction of filter parameters and estimates of air object trajectory parameters.

A Study on the Digital Material Disposal Order System (디지털자료 파기 명령 집행절차에 대한 연구)

  • Kim, Tae-Sung;Lee, Sang-Jin
    • Journal of the Korea Institute of Information Security & Cryptology
    • /
    • v.27 no.4
    • /
    • pp.863-872
    • /
    • 2017
  • Digital material transferred to the court for litigation shall be disposed by the procedure in the court records management regulations and the digital material collected by the investigator in order to prove the suspect's allegation shall be disposed by the Supreme Public Prosecutor's Regulation No.876(digital material's regulation of collection, examine and management). the court ordered the disposal of digital material that is the subject of litigation based on the related laws when criminal lawsuits and civil lawsuits are finalized. however, there is no specific procedure to enforce the disposal order of the court, and the enforcement order stipulates that the enforcement agent is not a professional officer who has proven expertise but a related public official. there is a problem in the enforcement of digital material that the court ordered to disposal because it is not specified. therefore, this is paper proposes a procedure for effectively enforcing the court's order to revoke digital material.

Problems of Regulatory and Legal Support of Polygraph Application in Ukraine

  • Irkha, Yurii;Butenko, Oleksii;Pogrebytskyi, Mykola;Manzhai, Oleksandr;Krushynskyi, Serhii
    • International Journal of Computer Science & Network Security
    • /
    • v.21 no.12
    • /
    • pp.203-206
    • /
    • 2021
  • The article is devoted to the study of the problems of polygraphic research to obtain forensically significant information. An analysis of the legal basis for the use of the polygraph in Ukraine. Problematic issues concerning the appropriateness of using a polygraph in the investigation and detection of crimes have been studied. The domestic legal norms that regulate this issue, as well as foreign experience are analyzed. The article reveals the essence of the polygraph, the legal basis and requirements for its use. Attention is drawn to the main difficulties of using a polygraph and ways to solve them.