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2012
혈액수집과 적법절차
Blood Collection and Due Process
대검찰청
논문정보
- Publisher
- 형사법의 신동향
- Issue Date
- 2012-06-30
- Keywords
- -
- Citation
- -
- Source
- -
- Journal Title
- -
- Volume
- 35
- Number
- 1
- Start Page
- 5
- End Page
- 51
- DOI
- ISSN
- 19765789
Abstract
This thesis studied procedure of collecting blood as evidence in respect of
due process. Blood collection can be presumed to be a method of compulsory
extracting blood from a human body, a method of confiscating blood which was
collected for treatment and a method of gathering blood which naturally is
bleeding out of injure part, etc. Whatever method it is made in, it should be
carried out in accordance with due process as the blood collection has a danger
of infringing human rights. Blood which is collected without warrant and in
violence of due process can’t be used as evidence in principle as it is illegally
obtained evidence. But if level of illegality arisen is not as much as the extent
of violating practical contents of due process, it can be used as evidence
exceptionally.
- 전남대학교
- KCI
- 형사법의 신동향
저자 정보
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