저자가 노량진 경찰 형사법 강의를 위해 본서를 집필하고, 많은 수험생들이 본서를 통해 합격하였음에 큰 보람을 느낀다. 많은 수험생들의 사랑에 고마움을 담아 본서를 더 알찬 내용으로 개정하게 되었다. 본서의 특징은 다음과 같다. 1. 본서는 2025년까지 기출된 쟁점과 판례에 기출표시를 해두었다. 각종 시험에서 기출된 내용은 중요한 것이고, 다시 출제될 가능성도 매우 높기 때문에 본서의 기출표시는 독자들이 중요도를 판별하고 공부의 방향을 잡은데 큰 도움이 될 것이다. 2. 본서는 ‘표’를 사용하여 형사소송절차의 구조와 체계를 한눈에 알아 볼 수 있도록 하였고, 중요단어는 ‘굵은 글씨’로 구분하여 판례 학습에 도움이 되도록 하였다. 본서의 ‘표’는 형사법 기초가 없는 입문자들이 형사법의 기본개념과 형사소송절차의 진행을 머릿속에 구조화하여 이해하는 데 큰 도움이 될 것이다. 또한 독자들이 판례를 정리하고 이해하는데 키워드들 중심으로 효율적으로 정리가 가능할 것이다. 3. 본서는 형사소송법 및 관련 법령의 조문을 최대한 정확하게 서술하였다. 형사소송법은 형법보다 조문이 더 방대하고 더 중요하다. 따라서 형사소송법을 공부하는 수험생들은 기본적으로 형사소송법과 관련법령의 조문을 숙지하고 형사절차를 이해하여 시험에 대비하여야 한다. 본서는 조문을 명시하여 이러한 공부에도 도움이 될 것이다. 4. 본서는 출판전까지 기출문제와 최신판례들까지 모두 반영하였다. 본서 집필전까지 최대한 많은 기출문제를 반영하여 판례를 보충하고, 아직 기출되지 않은 최신판례들까지 반영하고자 하였다. 그 후에 추가된 내용은 저자의 강의와 판례집 등을 통하여 독자들의 시험대비에 부족함이 없도록 지속적으로 보충해드릴 것을 약속드린다. 특히 경찰 형사법의 출제 범위인 형사소송법은 출제범위가 수사와 증거에 한정되어 그 공부가 쉽고 재미있다. 경찰시험을 준비하는 수험생들이 본서와 저자의 강의를 통해 “재미있는” 수사와 증거 부분을 “재미있게” 공부하고 합격할 수 있기를 바란다. 저자도 더 좋은 교재와 강의로 수험생들에게 도움을 줄 수 있도록 계속 노력할 것이다. 마지막으로 저자의 교재와 강의를 사랑해주시는 ‘바하’수험생들에게 감사의 말씀을 전한다. 본서와 저자의 강의로 더 많은 ‘바하’들이 더 빨리 ‘합별’할 수 있기를 바라며 이만 글을 마친다. 모든 수험생들의 건승을 빈다. 2026. 3. 1 변호사 신현식

▶ 제1편 수 사 ◀ 제1장 수사 일반 제1절 수사의 의의와 구조 ····································································································· 2 Ⅰ. 수사의 의의/2 Ⅱ. 수사의 구조/3 Ⅲ. 수사의 조건/4 제2절 수사의 주체와 대상 ··································································································· 11 Ⅰ. 수사기관/11 Ⅱ. 피의자/25 제2장 수사의 개시 제1절 수사의 단서 ················································································································ 35 Ⅰ. 의의/35 Ⅱ. 유형/35 Ⅲ. 수사의 개시시점/35 제2절 불심검문 ····················································································································· 36 Ⅰ. 의의/36 Ⅱ. 대상/37 Ⅲ. 방법/37 제3절 고소 ··························································································································· 40 Ⅰ. 개관/40 Ⅱ. 고소의 절차/49 Ⅲ. 고소불가분의 원칙/55 Ⅳ. 고소의 취소/59 Ⅴ. 고소의 포기/64 Ⅵ. 고소의 제한/65 제4절 고발 ··························································································································· 65 Ⅰ. 의의/65 Ⅱ. 절차 및 형식/66 Ⅲ. 즉시고발범죄/67 Ⅳ. 고소·고발의 비교/68 제5절 자수 ··························································································································· 69 Ⅰ. 의의/69 Ⅱ. 구별/69 Ⅲ. 절차/69 제5절 변시자 검시 ··············································································································· 71 Ⅰ. 의의/71 제3장 수사의 방법 제1절 수사의 기본원칙 ········································································································· 73 Ⅰ. 임의수사의 원칙/73 Ⅱ. 강제수사에 대한 규제/74 Ⅲ. 임의수사와 강제수사의 구별/75 Ⅳ. 임의수사의 한계/76 제2절 임의수사 ······················································································································· 81 Ⅰ. 피의자의 신문/81 Ⅱ. 참고인 조사/89 Ⅲ. 감정·통역·번역의 위촉/91 Ⅳ. 사실조회/92 제3절 대인적 강제수사 ··········································································································· 92 Ⅰ. 강제처분/92 Ⅱ. 영장에 의한 체포/93 Ⅲ. 긴급체포/100 Ⅳ. 현행범 체포/106 Ⅴ. 구속/114 Ⅵ. 체포·구속적부심/132 Ⅶ. 보석/139 Ⅷ. 구속의 집행정지/146 Ⅸ. 구속의 실효/149 Ⅹ. 수사상 감정유치/153 ?. 피의자·피고인의 접견교통권/154 제4절 대물적 강제수사 ········································································································· 165 Ⅰ. 대물적 강제처분/165 Ⅱ. 압수·수색/165 Ⅲ. 수사상 검증/224 Ⅳ. 수사상 감정/228 Ⅴ. 통신제한조치/229 제5절 수사상 증거보전 ········································································································· 244 Ⅰ. 증거보전/244 Ⅱ. 수사상 증인신문/247 제4장 수사의 종결 제1절 검사의 수사종결 ········································································································· 250 Ⅰ. 의의/250 Ⅱ. 검사의 종결처분/250 Ⅲ. 검사의 처분통지/253 제2절 불기소처분에 대한 불복 ····························································································· 254 Ⅰ. 검찰항고/254 Ⅱ. 재정신청/256 Ⅲ. 헌법소원/264 제3절 경찰의 수사종결 및 통지 ··························································································· 268 Ⅰ. 사법경찰관의 수사종결/268 Ⅱ. 사법경찰관의 처분통지/273 제4절 공소제기 후의 수사 ···································································································· 274 Ⅰ. 의의/274 Ⅱ. 공소제기 후의 강제수사/274 Ⅲ. 공소제기 후의 임의 수사/275 ▶ 제2편 증 거 ◀ 제1장 증거법 총론 제1절 증거 일반 ··················································································································· 278 Ⅰ. 개관/278 Ⅱ. 증거의 종류/278 Ⅲ. 증거능력과 증명력/283 제2절 증명의 기본원칙 ········································································································· 284 Ⅰ. 증거재판주의/284 Ⅱ. 거증책임/302 Ⅲ. 자유심증주의/311 제2장 증거법 각론 제1절 자백배제법칙 ·············································································································· 326 Ⅰ. 자백/326 Ⅱ. 자백배제법칙의 의의/327 Ⅲ. 자백배제법칙의 적용범위/328 Ⅳ. 인과관계의 요부 및 임의성의 입증/333 Ⅴ. 자백배제법칙의 효과/336 제2절 위법수집증거배제법칙 ································································································ 336 Ⅰ. 개관/336 Ⅱ. 위법수집증거배제법칙의 적용범위/337 Ⅲ. 독수과실이론 및 예외이론/346 Ⅳ. 효과/350 Ⅴ. 관련문제/337 제3절 전문법칙 ····················································································································· 353 Ⅰ. 전문증거/353 Ⅱ. 전문법칙/355 Ⅲ. 전문법칙의 예외/357 Ⅳ. 형사소송법 규정/360 Ⅴ. 전문법칙의 관련문제/413 제4절 증거동의와 증거능력 ·································································································· 428 Ⅰ. 의의/428 Ⅱ. 증거동의의 본질/429 Ⅲ. 증거동의와 전문법칙/429 Ⅳ. 증거동의의 주체와 상대방/429 Ⅴ. 증거동의의 대상/431 Ⅵ. 증거동의의 방식/433 Ⅶ. 증거동의의 의제/434 Ⅷ. 증거동의의 철회·취소/435 Ⅸ. 증거동의의 효과/436 제5절 탄핵증거 ····················································································································· 438 Ⅰ. 의의/438 Ⅱ. 구별/440 Ⅲ. 탄핵의 대상과 범위/440 Ⅳ. 탄핵증거의 제한/441 Ⅴ. 탄핵증거의 조사절차/442 제6절 자백의 보강법칙 ········································································································· 443 Ⅰ. 의의/444 Ⅱ. 보강증가가 필요한 자백/444 Ⅲ. 보강증거/446 Ⅳ. 보강증거의 범위/450 Ⅴ. 자백의 보강법칙 위반효과/452 제7절 공판조서의 증명력 ····································································································· 453 Ⅰ. 의의/453 Ⅱ. 공판조서의 정확성 보장/453 Ⅲ. 배타적 증명력의 범위/454 Ⅳ. 배타적 증명력 있는 공판조서/456 판례색인 ······························································································································ 458