책소개  

출제가능한 판례들을 형사소송법의 이론적 체계에 따라 일목요연하게 정리함으로써 판례교재를 별도로 볼 필요가 없도록 하였다. 특히 최근 5년간의 판례에 대해서는 최신이라는 표지를 달아 최신판례의 높은 출제비중에 효율적으로 대비할 수 있도록 하였다. 2023년판에서는 사례형 문제(Case)의 출제경향을 파악하고 답안작성방법을 익힐 수 있도록 2012년 이후 2021년까지의 변호사시험, 2001년 이후의 사법시험, 그리고 2011년 이후의 5급공채시험 문제 중에서 논점별로 가장 표준적인 문제 142문제를 선정하여 수록하였다. 

목차

• 제1편 형사소송법의 일반이론
  제1장 형사소송법의 기본개념
  제1절 형사소송법의 의의와 성격 ············································································· 3
  [1] 형사소송법의 의의/ 3 [2] 형사소송법의 성격/ 4
  제2절 형사소송법의 법원과 적용범위 ······································································· 5
  [1] 형사소송법의 법원/ 5 [2] 형사소송법의 적용범위/ 7
  제3절 형사소송법의 발전 ······················································································ 11
  [1] 서구 형사소송법의 발전/ 11 [2] 우리 형사소송법의 발전/ 12
  제2장 형사소송의 이념과 본질
  제1절 형사소송의 이념 ························································································· 13
  [1] 형사소송의 이념과 상호관계/ 13 [2] 실체적 진실주의/ 13
  [3] 적정절차의 원칙/ 16 [4] 신속한 재판의 원칙/ 18
  제2절 형사소송의 기본구조 ··················································································· 24
  [1] 형사소송구조론의 의의/ 24 [2] 규문주의와 탄핵주의/ 24
  [3] 직권주의와 당사자주의/ 25
  제3절 형사소송절차의 본질 ··················································································· 29
  1] 형사소송절차의 의의와 본질/ 29 [2] 형사소송의 실체면과 절차면/ 30
  
  제2편 수사와 공소
  제1장 수 사
  제1절 수사의 기본개념 ························································································· 35
  [1] 수사의 의의와 수사기관/ 35 [2] 수사의 구조와 피의자의 지위/ 47
  [3] 수사의 조건/ 51
  제2절 수사의 개시 ······························································································· 59
  [1] 수사의 단서/ 59 [2] 불심검문/ 60
  [3] 고 소/ 69 [4] 기타의 수사단서/ 88
  제3절 수사의 방법 ······························································································· 94
  [1] 총 설/ 94 [2] 임의수사/ 103 [3] 강제수사/ 115
  제4절 대인적 강제수사 ······················································································· 119
  [1] 피의자의 체포/ 119 [2] 피의자 구속/ 139
  [3] 피의자·피고인의 접견교통권/ 154 [4] 체포·구속된 피의자의 석방제도/ 161
  제5절 대물적 강제수사 ······················································································· 171
  [1] 수사상의 압수·수색/ 171 [2] 수사상의 검증/ 197
  [3] 압수·수색·검증과 영장주의의 예외/ 208
  [4] 수사상의 감정/ 228 [5] 기술적 수단에 의한 수사/ 231
  제6절 수사상의 증거보전 ···················································································· 245
  [1] 증거보전/ 245 [2] 참고인에 대한 증인신문/ 250
  제7절 수사의 종결 ····························································································· 255
  [1] 수사종결의 의의와 종류/ 255 [2] 불송치결정·불기소결정에 대한 불복방법/ 263
  [3] 공소제기 후의 수사/ 268
  제2장 공소의 제기
  제1절 공소와 공소권이론 ···················································································· 276
  [1] 공소의 의의/ 276 [2] 공소권이론/ 276 [3] 공소권남용론/ 278
  제2절 공소제기의 기본원칙 ················································································· 287
  [1] 국가소추주의/ 287 [2] 기소독점주의/ 287
  [3] 기소편의주의/ 289 [4] 공소의 취소/ 294
  [5] 재정신청과 기소강제절차/ 298
  제3절 공소제기의 방식 ······················································································· 308
  [1] 서면주의/ 308 [2] 공소장의 기재사항/ 310 [3] 공소장일본주의/ 325
  제4절 공소제기의 효과 ······················································································· 332
  [1] 소송계속/ 332 [2] 심판범위의 한정/ 333 [3] 공소시효의 정지/ 339
  제5절 공소시효 ·································································································· 340
  [1] 공소시효의 의의와 본질/ 340 [2] 공소시효의 기간/ 343
  [3] 공소시효의 정지/ 350 [4] 공소시효의 완성/ 356
  
  제3편 공 판
  제1장 소송주체
  제1절 법 원 ······································································································ 360
  [1] 법원의 의의와 종류/ 360 [2] 법원의 관할/ 362 [3] 제척·기피·회피/ 378
  제2절 검 사 ······································································································ 390
  [1] 검사와 검찰청/ 390 [2] 검사의 조직과 구조/ 392
  [3] 검사의 소송법상 지위/ 395
  제3절 피고인 ····································································································· 399
  [1] 피고인의 의의와 특정/ 399 [2] 피고인의 당사자능력과 소송능력/ 405
  [3] 피고인의 소송법상 지위/ 410 [4] 무죄추정의 원칙/ 414
  [5] 피고인의 진술거부권/ 420
  제4절 변호인 ····································································································· 429
  [1] 변호인제도의 의의/ 429 [2] 변호인의 선임·선정/ 430
  [3] 변호인의 지위와 권한/ 443 [4] 보조인/ 454
  제2장 소송행위와 소송조건
  제1절 소송행위 ·································································································· 455
  [1] 소송행위의 의의와 종류/ 455 [2] 소송행위의 일반적 요소/ 458
  [3] 소송행위에 대한 가치판단/ 464 [4] 소송서류/ 476
  제2절 소송조건 ·································································································· 488
  [1] 소송조건의 의의와 종류/ 488 [2] 소송조건의 조사와 흠결/ 489
  [3] 소송조건의 추완/ 492
  제3장 공판절차
  제1절 공판절차의 기본원칙 ················································································· 493
  [1] 공판절차의 의의/ 493 [2] 공판절차의 기본원칙/ 493
  제2절 공판심리의 범위 ······················································································· 499
  [1] 심판의 대상/ 499 [2] 공소장변경/ 503
  제3절 공판준비절차 ···························································································· 537
  [1] 공판준비절차의 의의/ 537 [2] 광의의 공판준비절차/ 538
  [3] 협의의 공판준비절차/ 547
  제4절 공판정에서의 심리 ···················································································· 552
  [1] 공판정의 구성과 법원의 권한/ 552 [2] 공판기일의 절차/ 562
  [3] 공판절차이분론/ 568
  제5절 증거조사와 강제처분 ················································································· 571
  [1] 법원의 증거조사/ 571 [2] 법원의 강제처분/ 610
  제6절 공판절차의 특칙 ······················································································· 633
  [1] 간이공판절차/ 633 [2] 공판절차의 정지와 갱신/ 639
  [3] 변론의 병합·분리·재개/ 644 [4] 국민참여재판/ 646
  제4장 증 거
  제1절 증거법의 기본개념 ···················································································· 659
  [1] 증거의 의의와 종류/ 659 [2] 증거능력과 증명력/ 663
  제2절 증명의 기본원칙 ······················································································· 665
  [1] 증거재판주의/ 665 [2] 거증책임/ 677 [3] 자유심증주의/ 684
  제3절 위법수집증거배제법칙 ················································································ 696
  [1] 위법수집증거배제법칙의 의의 및 연혁/ 696
  [2] 위법수집증거배제법칙의 적용범위/ 699
  [3] 위법수집증거배제법칙의 적용효과/ 714
  제4절 자백배제법칙 ···························································································· 716
  [1] 자백의 의의와 효과/ 716 [2] 자백배제법칙/ 719
  제5절 전문법칙 ·································································································· 732
  [1] 전문증거와 전문법칙/ 732 [2] 전문법칙의 예외/ 737 [3] 진술의 임의성/ 815
  제6절 당사자의 동의와 증거능력 ·········································································· 820
  [1] 증거동의의 의의와 성질/ 820 [2] 증거동의의 방법/ 822
  [3] 증거동의의 의제/ 827 [4] 증거동의의 효과/ 830
  [5] 증거동의의 철회 및 취소/ 833
  제7절 탄핵증거 ·································································································· 835
  [1] 탄핵증거의 의의와 성격/ 835 [2] 탄핵증거의 허용범위 및 자격/ 836
  [3] 탄핵의 대상과 범위/ 841 [4] 탄핵증거의 제출과 조사방법/ 843
  제8절 자백보강법칙 ···························································································· 844
  [1] 자백보강법칙의 의의와 필요성/ 844 [2] 자백보강법칙의 적용범위/ 845
  [3] 보강증거의 자격/ 850 [4] 보강증거의 범위/ 854
  [5] 자백보강법칙 위반의 효과/ 858
  제9절 공판조서의 증명력 ···················································································· 859
  [1] 공판조서의 배타적 증명력/ 859 [2] 배타적 증명력이 인정되는 범위/ 860
  [3] 배타적 증명력 있는 공판조서/ 863
  제5장 재 판
  제1절 재판의 기본개념 ······················································································· 865
  [1] 재판의 의의와 종류/ 865 [2] 재판의 성립 및 방식/ 867
  제2절 종국재판 ·································································································· 873
  [1] 유죄판결/ 873 [2] 무죄판결/ 884 [3] 관할위반의 판결/ 887
  [4] 공소기각의 재판/ 888 [5] 면소판결/ 895 [6] 종국재판의 부수효과와 부수처분/ 903
  제3절 재판의 확정과 효력 ··················································································· 905
  [1] 재판의 확정/ 905 [2] 재판의 확정력/ 906 [3] 기판력/ 909
  제4절 소송비용 ·································································································· 923
  [1] 소송비용의 의의/ 923 [2] 소송비용의 부담자/ 924
  [3] 소송비용부담의 절차/ 925 [4] 무죄판결에 대한 비용보상/ 927
  
  제4편 상소·비상구제절차·특별형사절차
  제1장 상 소
  제1절 상소의 일반이론 ······················································································· 931
  [1] 상소의 의의와 종류/ 931 [2] 상소권/ 932 [3] 상소의 이익/ 938
  [4] 상소의 제기와 포기·취하/ 946 [5] 일부상소/ 950[6] 불이익변경금지의 원칙/ 960 [7] 파기판결의 구속력/ 974
  제2절 항 소 ······································································································ 979
  [1] 항소의 의의와 항소심의 구조/ 979 [2] 항소이유/ 983
  [3] 항소심의 절차/ 987
  제3절 상 고 ····································································································· 1009
  [1] 상고의 의의와 상고심의 구조/ 1009 [2] 상고이유/ 1010
  [3] 상고심의 절차/ 1015 [4] 비약적 상고/ 1022 [5] 상고심판결의 정정/ 1023
  제4절 항 고 ····································································································· 1025
  [1] 항고의 의의와 종류/ 1025 [2] 항고심의 절차/ 1027 [3] 준항고/ 1029
  제2장 비상구제절차
  제1절 재 심 ····································································································· 1034
  [1] 재심의 의의와 구조/ 1034 [2] 재심이유/ 1038
  [3] 재심개시절차/ 1053 [4] 재심심판절차/ 1060
  제2절 비상상고 ································································································ 1064
  [1] 비상상고의 의의/ 1064 [2] 비상상고의 대상/ 1065
  [3] 비상상고의 이유/ 1066 [4] 비상상고의 절차/ 1071
  제3장 특별형사절차
  제1절 약식절차 ································································································ 1075
  [1] 약식절차의 의의/ 1075 [2] 약식명령의 청구/ 1076
  [3] 약식절차의 심판/ 1077 [4] 정식재판의 청구와 재판/ 1081
  제2절 즉결심판절차 ·························································································· 1085
  [1] 즉결심판절차의 의의와 성격/ 1085 [2] 즉결심판의 청구/ 1087
  [3] 즉결심판청구사건의 심판/ 1088 [4] 정식재판의 청구와 재판/ 1091
  제3절 소년에 대한 특별절차 ·············································································· 1094
  [1] 서 설/ 1094 [2] 소년보호절차/ 1094 [3] 소년형사절차/ 1097
  제4절 피해자 보호절차 ····················································································· 1101
  [1] 형사조정절차/ 1101 [2] 배상명령절차/ 1102
  [3] 화해절차/ 1109 [4] 국가에 의한 범죄피해자구조제도/ 1110
  제4장 재판의 집행과 형사보상 및 명예회복
  제1절 재판의 집행 ··························································································· 1114
  [1] 재판집행의 일반원칙/ 1114 [2] 형의 집행/ 1117
  [3] 재판집행에 대한 구제절차/ 1122
  제2절 형사보상과 명예회복 ··············································································· 1125
  [1] 형사보상제도/ 1125 [2] 명예회복제도/ 1133
  
  [판례색인] ······································································································ 1135
  [사항색인] ······································································································ 1147