필자들은 약 15년간 법원직, 국가직을 위시하여 변호사시험, 사법시험, 5급공채(행시), 경찰직, 법원행시, 법무사, 경찰승진, 법원사무관승진 등의 직렬에서 형법, 형사소송법과 관련된 강의를 진행하고 다양한 교재를 집필하여 왔다. 이러한 경험과 노하우를 바탕으로 개정법과 판례의 분석 등을 결집하여 국가직과 법원직, 경찰승진 전문의 「Bestlo 형사소송법」 개정판을 출간하였다.

본서의 서술방식과 편집방식의 변화는 전적으로 수험적 관점에서 결정되었다. 기출문제의 분석과 반영은 본서서술의 가장 기본출발점이 되었다. 경찰승진시험과 국가직 시험, 법원직 시험을 철저히 분석하여 기출지문과 기출판례들을 빠짐없이 선별하였고, 이러한 출제경향을 토대로 향후 새롭게 출제될 수 있는 영역을 선별하여 세심하게 정리하고 본문 텍스트와 새로운 판례 들을 소개하고 있다. 또한 필자들의 오랜 강의 경력을 바탕으로 변호사시험과 경찰승진, 법원사무관승진 기타 객관식 형사소송법이 출제되는 다양한 시험들을 비교분석하여, 가장 효율적이고 대체불가능한 교재가 될 수 있도록 내용을 구성하였다.

수험서의 대부분은 단순히 법조문, 판례, 암기사항을 나열한 정도의 것들이 많다. 그러나 본서는 법조문의 소개, 법조문의 해석, 해당법조문에 대한 판례의 태도 등을 유기적으로 연결하여 서술함으로써 수험생들의 효과적인 학습을 도모하였다.

본서의 특징은 다음과 같다.

첫째, 법조문의 소개, 법조문의 해석, 판례의 태도를 유기적으로 연결하여 본문을 서술함으로써, 손쉽게 내용을 이해하고 정리할 수 있도록 구성하였다.

둘째, 판례의 정확한 학습을 기하기 위해 판례의 제목선별에서부터 핵심내용의 강조, 출제가 유력한 사실관계의 소개 등 판례의 효율적 정리에 집중하였다.

셋째, 형사소송법은 다른 과목에 비하여 법조문의 출제가 많다는 점을 감안하여, 법조문을 효율적으로 비교 정리하였다.

넷째, 본서 출간일까지의 최신판례와 최신개정법령을 철저히 반영하여 별도의 보충없이 본서만으로도 확실하게 시험을 대비할 수 있도록 하였다.

다섯째, 핵심내용과 기출지문에 언더라인을 그어 둠으로써, 학습의 강약을 스스로 조절할 수 있도록 하였다.

여섯째, 법조문의 철저한 대비를 위해 별도로 법령집을 함께 제작함으로써 학습편의를 돕고 있다.

본서가 나오기까지 많은 분들의 도움이 있었다. 교재의 편집과 유통, 표지제작, 전체적인 교정 등의 일을 전담하여주고 저자와 함께 밤을 새우며 동고동락한 김백선, 홍민교, 문지수, 이종배님에게 감사의 말씀을 전한다.

다시 한번 본서로 수험을 준비하는 모든 수험생들이 뜻하는 목표를 이룰 수 있기를 간절히 기원하며 본서의 서문을 마무리하기로 한다.

2022년 1월 31일

필자 최정훈·이태우

제 1 편 총설

제1장 형사소송법의 기초

제1절 형사소송법의 의의와 성격 ···························································································1

제2절 형사소송법의 법원과 적용범위 ···················································································· 3

제3절 형사소송법의 역사 ····································································································9

제2장 형사소송법의 이념과 구조

제1절 형사소송의 지도이념 ·······························································································11

제2절 형사소송의 기본구조 ······························································································17

제 2 편 소송주체와 소송행위

제1장 소송의 주체와 당사자

제1절 소송주체와 당사자의 의미 ······················································································21

제2절 피고인 ·················································································································26

제3절 검사 ····················································································································37

제4절 법원 ····················································································································42

제5절 변호인 ·················································································································68

제6절 보조인 ·················································································································84

제2장 소송절차·소송행위·소송조건

제1절 소송절차의 기본구조 ·····························································································85

제2절 소송조건론 ···········································································································88

제3절 소송행위론 ···········································································································92

제 3 편 수사

제1장 수사총론

제1절 수사기관 ·············································································································117

제2절 수사의 의의와 수사의 단서 ·················································································128

제3절 고소·고발·자수 ·······························································································141

제4절 임의수사 ············································································································162

제2장 강제처분과 강제수사

제1절 수사구조론 ··········································································································191

제2절 체포 ··················································································································194

제3절 피의자와 피고인의 구속 ······················································································210

제4절 압수·수색·검증 ······························································································255

제5절 수사상 증거보전 ·································································································299

제 4 편 수사의 종결과 공소제기

제1장 수사의 종결

제1절 수사종결의 의의와 종류 ······················································································309

제2절 불기소처분에 대한 불복 ······················································································313

제2장 공소의 제기

제1절 공소제기의 기본원칙 ···························································································324

제2절 공소와 공소권이론 ······························································································326

제3절 공소제기의 효과 ·································································································333

제4절 공소제기의 후의 수사 ·························································································335

제5절 공소시효 ···········································································································339

제 5 편 공판

제1장 공소의 제기와 법원의 심판대상

제1절 공소제기의 방식 ·································································································357

제2절 공소제기와 법원의 심판대상 ················································································376

제3절 공소장변경 제도 : 심판대상의 조정 ·····································································379

제2장 공판절차

제1절 공판절차의 기본원칙 ···························································································404

제2절 공판준비절차 ······································································································411

제3절 협의의 증거개시제도 ···························································································419

제4절 공판정의 심리 ····································································································427

제5절 공판기일의 절차 ·································································································437

제6절 증인신문 ············································································································451

제7절 공판절차의 특칙 ·································································································464

제8절 국민참여재판 제도 ······························································································471

제3장 증거

제1절 증거의 의의와 종류 ····························································································485

제2절 증명의 기본원칙 ································································································488

제3절 위법수집증거배제법칙 ·························································································497

제4절 자백배제법칙 ·····································································································509

제5절 진술의 임의성 ····································································································516

제6절 전문법칙 ············································································································518

제7절 당사자의 증거동의 ······························································································570

제8절 자유심증주의 ······································································································577

제9절 탄핵증거 ············································································································592

제10절 자백의 보강법칙 ·······························································································597

제11절 공판조서의 배타적 증명력 ···················································································605

제4장 재판

제1절 재판의 기본개념 ·································································································609

제2절 종국재판 ············································································································614

제3절 재판의 확정과 효력 ····························································································631

제4절 소송비용의 부담 및 무죄판결의 대한 비용보상 ·····················································645

제 6 편 상소·비상구제절차·특별절차·형의집행

제1장 상소

제1절 상소일반 ············································································································653

제2절 상소의 일반적 허용조건 ······················································································655

제3절 항소 ··················································································································684

제4절 상고 ··················································································································702

제5절 항고 ··················································································································714

제2장 비상구제절차

제1절 재심 ···················································································································722

제2절 비상상고 ············································································································747

제3장 특별형사절차

제1절 약식절차 ············································································································752

제2절 즉결심판절차 ······································································································761

제3절 소년에 대한 형사절차 ·························································································768

제4절 배상명령·범죄피해자구조제도 ··············································································774

제4장 재판의 집행 및 형사보상제도

제1절 재판의 집행 ·······································································································780

제2절 형사보상제도 ······································································································793