2023 All-in-One 로스쿨 형사소송법(개정6판) 변호사시험, 법원행시, 5급공채, 입법고시 등 국가직대비서
| 저자 : |
정주형 |
| 페이지수 : |
p.840 |
| 출판사 |
(주)네오고시뱅크 |
| 출간일 |
22.3.16. |
| 주문상태 |
판매중 |
| 교재금액 |
47,000
(10%▼)
→ 42,300원 |
| 카드혜택 및 쿠폰 : |
 |
주문합계 : 42,300원 + 배송비: 0원 = 42,300원
2022년 1월 1일부터는 검사작성 피의자신문조서의 증거능력이 사법경찰관 작성의 피의자 신문조서와 마찬가지로 피고인이나 변호인이 내용만 부인하면 증거능력이 부정된다. 이는 가히 조서재판의 종말이라고 볼 수 있다. 대법원 판례 역시 압수·수색과 관련한 내용이 주를 이루고 있고, 전자기록 등의 과학적 증거가 실무에서 매우 중요한 기능을 하고 있다.
변호사시험의 논점 역시 실무적 관심사를 반영할 수밖에 없다. 본서는 이와 같은 실무적 흐름을 최대한 반영하여, 최신판례를 분석하고 개정법령을 철저히 반영하는 데에 1차적 목표를 두었다. 무엇보다도, 본서는 수험서를 지향한다. 수험서란 무릇 시험에 최적화된 교재이어야 한다. 실전 시험에서 가장 수험적합적인 것은 기출문제일 수밖에 없다.
본서는 변호사시험, 법학전문대학원 모의고사, 사법시험 등을 철저히 분석하였고, 기출된 논점에 대해서는 꼼꼼히 기출표시를 해둠으로써 독자들이 강약을 조절하며 공부를 할 수 있도록 하였다. 다만, 교재의 출간일정을 최대한 당기는 과정에서 아쉽게도 2022년에 출제된 문제에 대해서는 기출표시를 하지 못하였다는 점을 미리 밝힌다.
제1편 총설
제1장 형사소송법의 기초············································································································1제1절 형사소송법의 의의와 성격 ······································································································1제2절 형사소송법의 법원과 적용범위 ·······························································································3제3절 형사소송법의 역사 ················································································································9제2장 형사소송법의 이념과 구조··················································································11제1절 형사소송의 지도이념 ············································································································11제2절 형사소송의 기본구조 ···········································································································17제2편 소송주체와 소송행위제1장 소송의 주체와 당사자···································································································20제1절 소송주체와 당사자의 의미 ···································································································20제2절 피고인 ·······························································································································26제3절 검사 ··································································································································40제4절 법원 ··································································································································46제5절 변호인 ·······························································································································74제6절 보조인 ·······························································································································90제2장 소송절차·소송행위·소송조건··················································································91제1절 소송절차의 기본구조 ············································································································91제2절 소송조건론 ·························································································································94제3절 소송행위론 ·························································································································99제3편 수사제1장 수사총론··························································································································116제1절 수사기관 ···························································································································116제2절 수사의 의의와 수사의 단서 ·······························································································126제3절 고소·고발·자수 ·············································································································140제4절 임의수사 ··························································································································166제2장 강제처분과 강제수사·····································································································198제1절 수사구조론 ·······················································································································198제2절 체포 ································································································································201제3절 피의자와 피고인의 구속 ····································································································219제4절 압수·수색·검증 ············································································································266제5절 수사상 증거보전 ···············································································································316제4편 수사의 종결과 공소제기제1장 수사의 종결···················································································································324제1절 수사종결의 의의와 종류 ····································································································324제2절 불기소처분에 대한 불복 ····································································································329제2장 공소의 제기···················································································································342제1절 공소제기의 기본원칙 ·········································································································342제2절 공소와 공소권이론 ···········································································································344제3절 공소제기의 효과 ··············································································································352제4절 공소제기의 후의 수사 ······································································································354제5절 공소시효 ·························································································································359제5편 공판제1장 공소의 제기와 법원의 심판대상···················································································376제1절 공소제기의 방식 ···············································································································376제2절 공소제기와 법원의 심판대상 ······························································································397제3절 공소장변경 제도 : 심판대상의 조정 ···················································································401제2장 공판절차························································································································429제1절 공판절차의 기본원칙 ·········································································································429제2절 공판준비절차 ···················································································································436제3절 협의의 증거개시제도 ········································································································445제4절 공판정의 심리 ·················································································································454제5절 공판기일의 절차 ··············································································································464제6절 증인신문 ·························································································································478제7절 공판절차의 특칙 ···············································································································491제8절 국민참여재판 제도 ···········································································································498제3장 증거································································································································512제1절 증거의 의의와 종류 ···········································································································512제2절 증명의 기본원칙 ···············································································································515제3절 위법수집증거배제법칙 ·······································································································524제4절 자백배제법칙 ···················································································································542제5절 진술의 임의성 ··················································································································551제6절 전문법칙 ·························································································································553제7절 당사자의 증거동의 ············································································································621제8절 자유심증주의 ···················································································································630제9절 탄핵증거 ·························································································································644제10절 자백의 보강법칙 ···············································································································650제11절 공판조서의 배타적 증명력 ·································································································660제4장 재판································································································································664제1절 재판의 기본개념 ···············································································································664제2절 종국재판 ·························································································································668제3절 재판의 확정과 효력 ··········································································································685제6편 상소·비상구제절차·특별형사절차제1장 상소································································································································702제1절 상소일반 ··························································································································702제2절 상소의 일반적 허용조건 ···································································································704제3절 항소 ································································································································734제4절 상고 ································································································································751제5절 항고 ································································································································762제2장 비상구제절차··················································································································771제1절 재심 ·································································································································771제2절 비상상고 ·························································································································794제3장 특별형사절차·················································································································800제1절 약식절차 ··························································································································800제2절 즉결심판절차 ···················································································································808제3절 소년에 대한 형사절차 ·······································································································815◆ 판례색인 ·····························································································································821
