사법경찰관의 ‘1차적 수사종결권’의 법제화 방안

Legislation of Diversion Power of Judicial Police Officers

According to current law, judical police officers should transfer all criminal cases to public prosecutor after closing investigation. This is principle of mandatory transfer. So criminal justice agencies are overloaded. We are only focused on closing the case quickly and sending out it out of the procedure. It is an exit strategy. According to current law, police are the object of distrust. This paper insists that we should grant diversion power and trust to judical police officers. This diversion power means a discretionary power to release suspects. This can be compared to the discretionary power of prosecutor whether or not to prosecute. There are two types of police diversion. The one is principle of discretionary booking or charging criminal case. It is necessary to control the influx of criminal cases at the early stage of criminal procedure. Despite victim’s complaint, it is necessary to arrange for the police to autonomously judge whether or not to investigate criminal case. It is an entrance strategy. The other is principle of discretionary transfer. To strengthen the responsibility of investigation, it is necessary to arrange for the police to autonomously judge whether or not to send the case to the public prosecutors. It is principle of discretionary transferring criminal case to the public prosecutor.