형사소송법개정안의 양형자료조사제도에 대한 검토

Study on the Presentence Investigation in the Reformbill of the Criminal Procedure Code

  Presentence Investigation refers to the examination of a convicted offender"s background prior to sentencing. Presentence Investigator gathers various kinds of information, including personal information and identifying data describing the defendant, a chronology of the current offense and circumstance surrounding it, a record of the defendant"s previous convictions, home life and family data, educational background, health history and current state of health, military service, religious affiliation, financial condition etc. The data comes to the judge in the form of a presentence investigation report(PSR). All the information in the report helps the judge decide what an appropriate sentence will be. Moreover the knowledge in the report can be used in the other stage in the criminal procedure: for example, by the prison officer, by the parole board, by the probation officer, by the parole officer and by the correctional researcher. The concrete form of presentence investigation varies in countries. In U.S.A. the presentence investigation is evaluated not only in federal jurisdiction but also in every states as essential part of sentencing. The federal statutes that regulate this system are the federal rule of criminal procedure § 32, the federal sentencing guideline, U.S.C. Title 18 §3552. In England a presentence investigation was first enacted into Criminal Justice Act 1991, and now it is regulated by Criminal Justice Act 2003, Powers of Criminal Courts(Sentencing) Act 2000, and National Standards for the Supervision of Offenders in the Community. In Germany a presentence investigation is based on the criminal procedure code. In Japan it has been so long discussed about the introduction of the presentence investigation, but it is not yet accomplished. It is desirable that a presentence investigation is to be introduced in our Sentencing system. But the reformbill has several problems, for example, as to authorized officer, starting time and object of investigation, procedure of sentencing hearing etc. In oder to form an appropriate system, we need more examination of the bill and cooperation of related authorities.