모두보기닫기
Notifying the investigation result of suspected crime by mail is human rights violation
Date : 2018.08.27 00:00:00 Hits : 2259

o National Human Rights Commission of Korea advised Head of XX Regional Prosecutors Office to warn the prosecutor concerned and Minister of Justice and Prosecutor General to amend related provision with regards to the case where the investigation result of suspected crime was sent to suspect’s house via mail against the will of the suspect.

 

o The complainant filed a complaint to NHRCK that his family happened to know the fact that he’s under investigation as the notification of investigation result of suspected crime was sent to his house via mail when he was under investigation by XX Regional Prosecution and the case was transferred to other prosecution.

 

o The prosecutor concerned argued that during the investigation he explained to the complaint that he could change the address and prosecutor could not decide whether or not and how to notify the result of investigation of suspected crime.

 

o Investigation of NHRCK showed that pursuant to article 72.1 of the Rule on Prosecution Case and Work. the result of suspected crime could be sent via methods other than mail.

 

o Committee on Human Rights Violation 1 of NHRCK concluded that the title of written notice would allow people to assume the criminal charges and when it is sent via general mail, suspect’s family or third party might receive and read the notice. In addition, if a third party gets to know about criminal charges, then regardless of the result of the investigation, negative social reputation or conflicts among family members might be caused. Hence, the notice has to be sent with caution.

   

o Accordingly, NHRCK recommended that the Rule on Prosecution Case has to be amended to allow suspects choose the methods of notification to prevent disclosure of the contents or information of the case.

File

확인

아니오