국외출국 자유형 미집행자에 대한 형의 집행에 관한 연구

The Execution of a Sentence to Offenders Leaving the Country to Avoid Sentencing

The importance of executing a sentence, a final phase of criminal proceedings, has to be dealt with in strict fairness to establish a nation s administrative justice. Legal prescription of a sentence to execute punishment with in time boundary is in the same context with the statute of limitations to nullify a nation s administrative justice before a conclusive judgment. Regulation of a sentence prescription follows under the Criminal Code and the Code of Criminal Procedure. The existing provisions of law has a suspension of prescription, but no legal regulation unlike statute of limitations to suspend a sentence prescription on criminal offenders who stay outside of a country with a view to escaping execution of a sentence. People who depart to another country before a sentence is given are on a continuous rise every year in line with a trend of extending non-restraint investigations and trials of the law enforcement agencies. It is an obvious calling that the necessity to execute a sentence on such free style offenders cannot be neglected for the sake of protecting the people s rights and interests, establishing a justice order, and laying the state s fundamental principles. It is even necessary to prevent avoiding the nation s administrative justices by taking advantage of extended non-restraint trials and jumping on departures from the country associated with simplified overseas trips. Although the requests for mutual assistance of international criminal justice departments and extradition officials are on gradual and stable increase over the latest 10 years, but it is considerably less in number compared to that of the absconded offenders and avoiding the nation s administrative justice. It is critical in establishing knowledge and positive awareness when executing a sentence of criminal law enforcement agencies as a way to exercise the punishment of offenders who have avoided a criminal sentence. Therefore, pursuant to the 2nd paragraph in the 79th articles of Penal Code, if a convicted criminal has stayed overseas for the purpose of avoiding punishment of the court hearing, a legal foundation should be arranged for suspending a sentence prescription. For this, legal sanctions must be accompanied so that said offenders are prevented from fleeing overseas by way of nullifying passports as well as strengthening the screening passage when issuing passports, while at the same time of expanding departure embargo towards the un-restrained prisoners before trial. The execution of a sentence towards any offenders who depart the county before being served a criminal sentence must be arranged institutionally so that they shall be returned under the law of extradition and expanded treaty-makings on extradition, and eventually being punished by all means through out intensifying international ties and aggressive turning-over requests under mutual assistance on criminal justice. The noteworthy point to emphasize is that the nation s administrative justice had been delegated by the people in the cause of justice and public interest for the majority of citizens, and therefore taking a positive initiative so that the execution of a sentence can never be failed and must bring to legal sanctions on those people who avoid the criminal justice system by going overseas.