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/ 44
[3] 수사의 조건/ 47
제2절 수사의 개시 ······························································································· 55
[1] 수사의 단서/ 55 [2] 불심검문/ 55
[3] 고 소/ 64 [4] 기타의 수사단서/ 81
제3절 수사의 방법 ······························································································· 87
[1] 총 설/ 87 [2] 임의수사/ 96 [3] 강제수사/ 107
제4절 대인적 강제수사 ······················································································· 110
[1] 피의자의 체포/ 110 [2] 피의자 구속/ 128
[3] 피의자·피고인의 접견교통권/ 143 [4] 체포·구속된 피의자의 석방제도/ 150
제5절 대물적 강제수사 ······················································································· 160
[1] 수사상의 압수·수색/ 160 [2] 수사상의 검증/ 181
[3] 압수·수색·검증과 영장주의의 예외/ 192
[4] 수사상의 감정/ 207 [5] 기술적 수단에 의한 수사/ 211
제6절 수사상의 증거보전 ···················································································· 224
[1] 증거보전/ 224 [2] 참고인에 대한 증인신문/ 228
제7절 수사의 종결 ····························································································· 233
[1] 수사종결의 의의와 종류/ 233 [2] 불송치결정·불기소결정에 대한 불복방법/ 241
[3] 공소제기 후의 수사/ 245
제2장 공소의 제기
제1절 공소와 공소권이론 ···················································································· 253
[1] 공소의 의의/ 253 [2] 공소권이론/ 253 [3] 공소권남용론/ 255
제2절 공소제기의 기본원칙 ················································································· 263
[1] 국가소추주의/ 263 [2] 기소독점주의/ 263
[3] 기소편의주의/ 265 [4] 공소의 취소/ 270
[5] 재정신청과 기소강제절차/ 274
제3절 공소제기의 방식 ······················································································· 284
[1] 서면주의/ 284 [2] 공소장의 기재사항/ 286 [3] 공소장일본주의/ 300
제4절 공소제기의 효과 ······················································································· 307
[1] 소송계속/ 307 [2] 심판범위의 한정/ 308 [3] 공소시효의 정지/ 314
제5절 공소시효 ·································································································· 315
[1] 공소시효의 의의와 본질/ 315 [2] 공소시효의 기간/ 318
[3] 공소시효의 정지/ 325 [4] 공소시효의 완성/ 330

제3편 공 판
제1장 소송주체
제1절 법 원 ······································································································ 334
[1] 법원의 의의와 종류/ 334 [2] 법원의 관할/ 336 [3] 제척·기피·회피/ 351
제2절 검 사 ······································································································ 363
[1] 검사와 검찰청/ 363 [2] 검사의 조직과 구조/ 365
[3] 검사의 소송법상 지위/ 368
제3절 피고인 ····································································································· 372
[1] 피고인의 의의와 특정/ 372 [2] 피고인의 당사자능력과 소송능력/ 378
[3] 피고인의 소송법상 지위/ 382 [4] 무죄추정의 원칙/ 386
[5] 피고인의 진술거부권/ 392
제4절 변호인 ····································································································· 401
[1] 변호인제도의 의의/ 401 [2] 변호인의 선임·선정/ 402
[3] 변호인의 지위와 권한/ 415 [4] 보조인/ 425
제2장 소송행위와 소송조건
제1절 소송행위 ·································································································· 427
[1] 소송행위의 의의와 종류/ 427 [2] 소송행위의 일반적 요소/ 430
[3] 소송행위에 대한 가치판단/ 436 [4] 소송서류/ 447
제2절 소송조건 ·································································································· 459
[1] 소송조건의 의의와 종류/ 459 [2] 소송조건의 조사와 흠결/ 460
[3] 소송조건의 추완/ 463
제3장 공판절차
제1절 공판절차의 기본원칙 ················································································· 464
[1] 공판절차의 의의/ 464 [2] 공판절차의 기본원칙/ 464
제2절 공판심리의 범위 ······················································································· 470
[1] 심판의 대상/ 470 [2] 공소장변경/ 474
제3절 공판준비절차 ···························································································· 507
[1] 공판준비절차의 의의/ 507 [2] 광의의 공판준비절차/ 508
[3] 협의의 공판준비절차/ 517
제4절 공판정에서의 심리 ···················································································· 521
[1] 공판정의 구성과 법원의 권한/ 521 [2] 공판기일의 절차/ 531
[3] 공판절차이분론/ 536
제5절 증거조사와 강제처분 ················································································· 539
[1] 법원의 증거조사/ 539 [2] 법원의 강제처분/ 576
제6절 공판절차의 특칙 ······················································································· 599
[1] 간이공판절차/ 599 [2] 공판절차의 정지와 갱신/ 605
[3] 변론의 병합·분리·재개/ 610 [4] 국민참여재판/ 612
제4장 증 거
제1절 증거법의 기본개념 ···················································································· 625
[1] 증거의 의의와 종류/ 625 [2] 증거능력과 증명력/ 628
제2절 증명의 기본원칙 ······················································································· 630
[1] 증거재판주의/ 630 [2] 거증책임/ 640 [3] 자유심증주의/ 647
제3절 위법수집증거배제법칙 ················································································ 659
[1] 위법수집증거배제법칙의 의의 및 연혁/ 659
[2] 위법수집증거배제법칙의 적용범위/ 662
[3] 위법수집증거배제법칙의 적용효과/ 676
제4절 자백배제법칙 ···························································································· 678
[1] 자백의 의의와 효과/ 678 [2] 자백배제법칙/ 681
제5절 전문법칙 ·································································································· 693
[1] 전문증거와 전문법칙/ 693 [2] 전문법칙의 예외/ 698 [3] 진술의 임의성/ 777
제6절 당사자의 동의와 증거능력 ·········································································· 782
[1] 증거동의의 의의와 성질/ 782 [2] 증거동의의 방법/ 784
[3] 증거동의의 의제/ 789 [4] 증거동의의 효과/ 792
[5] 증거동의의 철회 및 취소/ 794
제7절 탄핵증거 ·································································································· 796
[1] 탄핵증거의 의의와 성격/ 796 [2] 탄핵증거의 허용범위 및 자격/ 797
[3] 탄핵의 대상과 범위/ 802 [4] 탄핵증거의 제출과 조사방법/ 804
제8절 자백보강법칙 ···························································································· 806
[1] 자백보강법칙의 의의와 필요성/ 806 [2] 자백보강법칙의 적용범위/ 807
[3] 보강증거의 자격/ 812 [4] 보강증거의 범위/ 816
[5] 자백보강법칙 위반의 효과/ 820
제9절 공판조서의 증명력 ···················································································· 821
[1] 공판조서의 배타적 증명력/ 821 [2] 배타적 증명력이 인정되는 범위/ 822
[3] 배타적 증명력 있는 공판조서/ 825
제5장 재 판
제1절 재판의 기본개념 ······················································································· 827
[1] 재판의 의의와 종류/ 827 [2] 재판의 성립 및 방식/ 829
제2절 종국재판 ·································································································· 834
[1] 유죄판결/ 834 [2] 무죄판결/ 845 [3] 관할위반의 판결/ 848
[4] 공소기각의 재판/ 849 [5] 면소판결/ 855 [6] 종국재판의 부수효과와 부수처분/ 863
제3절 재판의 확정과 효력 ··················································································· 865
[1] 재판의 확정/ 865 [2] 재판의 확정력/ 866 [3] 기판력/ 869
제4절 소송비용 ·································································································· 882
[1] 소송비용의 의의/ 882 [2] 소송비용의 부담자/ 883
[3] 소송비용부담의 절차/ 884 [4] 무죄판결에 대한 비용보상/ 886

제4편 상소·비상구제절차·특별형사절차
제1장 상 소
제1절 상소의 일반이론 ······················································································· 891
[1] 상소의 의의와 종류/ 891 [2] 상소권/ 892 [3] 상소의 이익/ 897
[4] 상소의 제기와 포기·취하/ 905 [5] 일부상소/ 909
[6] 불이익변경금지의 원칙/ 918 [7] 파기판결의 구속력/ 932
제2절 항 소 ······································································································ 937
[1] 항소의 의의와 항소심의 구조/ 937 [2] 항소이유/ 941
[3] 항소심의 절차/ 945
제3절 상 고 ······································································································ 965
[1] 상고의 의의와 상고심의 구조/ 965 [2] 상고이유/ 966
[3] 상고심의 절차/ 971 [4] 비약적 상고/ 977 [5] 상고심판결의 정정/ 979
제4절 항 고 ······································································································ 980
[1] 항고의 의의와 종류/ 980 [2] 항고심의 절차/ 982 [3] 준항고/ 984
제2장 비상구제절차
제1절 재 심 ······································································································ 989
[1] 재심의 의의와 구조/ 989 [2] 재심이유/ 993
[3] 재심개시절차/ 1006 [4] 재심심판절차/ 1013
제2절 비상상고 ································································································ 1017
[1] 비상상고의 의의/ 1017 [2] 비상상고의 대상/ 1018
[3] 비상상고의 이유/ 1019 [4] 비상상고의 절차/ 1024
제3장 특별형사절차
제1절 약식절차 ································································································ 1027
[1] 약식절차의 의의/ 1027 [2] 약식명령의 청구/ 1028
[3] 약식절차의 심판/ 1029 [4] 정식재판의 청구와 재판/ 1033
제2절 즉결심판절차 ·························································································· 1038
[1] 즉결심판절차의 의의와 성격/ 1038 [2] 즉결심판의 청구/ 1039
[3] 즉결심판청구사건의 심판/ 1041 [4] 정식재판의 청구와 재판/ 1044
제3절 소년에 대한 특별절차 ·············································································· 1047
[1] 서 설/ 1047 [2] 소년보호절차/ 1047 [3] 소년형사절차/ 1050
제4절 피해자 보호절차 ····················································································· 1054
[1] 형사조정절차/ 1054 [2] 배상명령절차/ 1055
[3] 화해절차/ 1061 [4] 국가에 의한 범죄피해자구조제도/ 1063
제4장 재판의 집행과 형사보상 및 명예회복
제1절 재판의 집행 ··························································································· 1067
[1] 재판집행의 일반원칙/ 1067 [2] 형의 집행/ 1070
[3] 재판집행에 대한 구제절차/ 1075
제2절 형사보상과 명예회복 ··············································································· 1078
[1] 형사보상제도/ 1078 [2] 명예회복제도/ 1086

[판례색인] ······································································································ 1089
[사항색인] ······································································································ 1100