The democracy in the criminal law of the country consists in how to operate defense system and Arrest System. In particular Korea, which had the laws with some problems about human rights, has amended the criminal procedure law by improving Seizure System, which was the critical factor.
This research intends to deal with some problems of Arrest System suggested by "Presidential Committee on Judicial Reform" and present an opinion for arrest without warrant and seizure, search, inspection without warrant.
First, it should be introduced that release on condition guaranty-money payment. There happen some cases in which restriction cannot be avoided at the first stage of investigation, but later the necessity of restriction is reduced. In these cases although prosecutors try to cancel the decision of restriction, since nothing guarantees the suspect's attending, restriction should be executed by the current law system. Thus, in view of nonrest-raint trial-principle it is desirable that prosecutors cancel the restriction on the condition of paying deposit by the prosecutors' authority, charge the suspect as nonrestraint, and forfeit the deposit if the suspect escapes.
Also, in the case of arrest without warrant suspect, post-arrest warrant should be requested without any delay, and the time should be limited within 6 hours, which is a suggestion of a small group of people presented by "Presidential Committee on Judicial Reform". It should be prevented that complexity and procedural complexity cannot avoid warrant-principle by requesting warrant of restriction within 48 hours after getting post-arrest warrant.
In addition, in the case of arrest without warrant, seizure·search·inspection on the arrest-ground can be implemented without warrant according to article 216.1.2. Therefore article217.1 is allowing seizure·search without arrest, which is contrary to warrant-principle, which prohibits general, blanket seizure-search. Besides, it is possible that prosecutions take advantage of the article, confirming the evidence by prior seizure-search.