추가 적립 안내

본서의 핵심적 특징은 다음과 같다.
첫째, 과목개편을 감안하여 출제대상 영역을 체계적으로 분석하여 수록하였다.
둘째, 수험생들이 학습편의를 위해 핵심내용에 대해 언더라인 및 볼드처리를 해 두었다.
셋째, 본서 출간 일까지의 최신판례와 최신개정법령을 철저히 반영함으로써 본서 한권만으로도 충분히 시험을 대비할 수 있도록 하였다.
넷째, 법조문의 내용을 효율적으로 비교정리하였다. 다른 과목에 비해 법조문의 출제가 많다는 점을 철저히 고려하였다.
다섯째, 판례의 결론 뿐 아니라 결론을 끌어내는 핵심논거들을 함께 소개하였고, 사례형으로 출제

2022년 경찰간부, 경찰채용 시험부터는 형법과 형사소송법이 통합하여, 형사법 과목으로 재편되었다. 특기할 만한 것은 형사소송법의 출제범위가 수사와 증거에 제한된다는 것이다. 시험제도가 개편되거나 출제범위가 조정될 경우, 실제 시험에서 어떤 테마까지 출제가 이루어질지는 예단하기 쉽지 않다. 형법과 형사소송법 분야에서 오랫동안 교재를 집필하고 강의를 진행해온 필자들은, 출제교수진의 관점에서 시험범위를 역으로 추론하여 수사종결 및 공소제기 후 수사까지도 수사파트에 포함하여 서술하였다. 형사소송은 수사개시에서부터 재판확정까지 전과정이 유기적으로 연결되어 있기 때문이다. 더불어, 독자들의 효율적인 학습을 도모하기 위해 제1편에 형사소송법 기본이론을 약 30페이지 분량으로 수록하였다. 향후, 경찰간부시험도 모든 과목이 객관식으로 출제된다. 경찰간부 형사법과 경찰채용 형사법 시험문제가 공히 40문제로 동일한 이상, 경찰간부시험에서는 사례형문제가 상당수 출제될 것으로 예상된다. 본서는 경찰채용과 경찰간부시험 모두를 손쉽게 아우를 수 있도록 조문과 이론, 판례들을 논리적이고 체계적으로 비교서술하였고, 사례형으로 변형가능한 판례들은 상세하게 사실관계까지 포함하여 수록하였다.
최근 형사소송과 관련한 법령은 큰 폭의 개정이 있었다. 2019.12.31. 형사소송법 일부개정, 같은 날 이루어진 통신비밀보호법의 일부개정, 2020.1.4. 고위공직자범죄수사처 설치 및 운영에 관한 법률의 제정, 2020.2.4. 경찰수사권독립과 수사권력구조 개편을 주 내용으로 하는 형사소송법의 개정, 이에 부수한 2020.2.4.공포된 검찰청법 및 2021.1.1.과 2022.1.1. 시행을 앞둔 대통령령과 법무부령(검사와 사법경찰관의 상호협력 및 일반적 수사준칙에 관한 규정 등)이 바로 그것이다.
특히, 형사소송법 제312조 제1항은 검사작성 피의자신문조서의 증거능력을 사법경찰관의 그것과 동일한 요건으로 설정함으로써, 수사실무 뿐 아니라 형사재판의 중심이 조서가 아니라 과학적 증거위주로 일대 전환이 이루어지게 되었다.
독자적인 수사권을 보유한 경찰조직의 구성원들이 실제 실무를 행함에 있어서도 참고도서로 활용할 수 있게끔, 필자들은 정성을 다하여 본서를 구성하였다.

본서의 핵심적 특징은 다음과 같다.
첫째, 과목개편을 감안하여 출제대상 영역을 체계적으로 분석하여 수록하였다.
둘째, 수험생들이 학습편의를 위해 핵심내용에 대해 언더라인 및 볼드처리를 해 두었다.
셋째, 본서 출간 일까지의 최신판례와 최신개정법령을 철저히 반영함으로써 본서 한권만으로도 충분히 시험을 대비할 수 있도록 하였다.
넷째, 법조문의 내용을 효율적으로 비교정리하였다. 다른 과목에 비해 법조문의 출제가 많다는 점을 철저히 고려하였다.
다섯째, 판례의 결론 뿐 아니라 결론을 끌어내는 핵심논거들을 함께 소개하였고, 사례형으로 출제

유력한 판례들에 대해서는 사실관계까지도 철저히 조사하여 수록하였다.
본서가 나오기까지 많은 분들의 도움이 있었다. 도서출판 (주)네오고시뱅크의 수석연구위원인 이종배 선생님과 방현호 선생님은 수험생의 관점에서 서술방식을 꾸준히 점검해 주었고 오타, 편제 등에 관하여 세심한 검토를 해주었다. 주말과 휴일을 반납하면서까지 필자들과 표지제작, 편집, 인쇄 등의 과정을 함께 해준 김백선, 홍민교, 문지수 님등 네오고시뱅크 가족들에게 감사의 말을 전하며 본서의 서문을 마무리하기로 한다.

2021년 8월 17일
정주형·최정훈·이태우

제 1 편 형사소송법의 기본이론
제1장 형사소송법의 기초
제1절 형사소송법의 의의와 성격 ··························································································1
제2절 형사소송법의 지도이념 ······························································································5
제3절 형사소송법의 기본구조 ······························································································7
제4절 소송주체와 소송관여자 ······························································································8
제2장 형사재판의 종류와 소송조건
제1절 형식재판의 종류 ····································································································20
제2절 소송조건론 ···········································································································27
제 2 편 수사
제1장 수사총론
제1절 수사기관 ···············································································································31
제2절 수사의 의의와 수사의 단서 ····················································································41
제3절 고소·고발·자수 ·································································································53
제4절 임의수사 ··············································································································74
제2장 강제처분과 강제수사
제1절 수사구조론 ·········································································································102
제2절 체포 ··················································································································105
제3절 피의자와 피고인의 구속 ·······················································································121
제4절 압수·수색·검증 ·······························································································166
제5절 수사상 증거보전 ································································································209
제3장 수사종결과 공소제기 후 수사
제1절 수사의 종결 ········································································································216
제2절 불기소처분에 대한 불복 ······················································································220
제3절 공소제기 후의 수사 ····························································································231
제 3 편 증거
제1장 증거법 서설
제1절 증거의 의의와 종류 ······························································································239
제2절 증명의 기본원칙 ··································································································242
제2장 증거의 증거능력
제1절 위법수집증거배제법칙 ····························································································251
제2절 자백배제법칙 ·······································································································264
제3절 진술의 임의성 ······································································································271
제4절 전문법칙 ·············································································································273
제5절 특수매체기록의 증거능력 ······················································································320
제6절 당사자의 증거동의 ·······························································································326
제3장 증거의 증명력
제1절 자유심증주의 ········································································································333
제2절 탄핵증거 ·············································································································348
제3절 자백의 보강법칙 ··································································································353
제4절 공판조서의 배타적 증명력 ······················································································361