Earticle

초록

영어

This discussion on the admissibility of investigatory statements on the reformed criminal procedure law can be briefly summarized as follows.
First, prosecutor's document recording the interrogation of the accused could be widely used as the evidence to convict him, while police's document could be easily eliminated by the objection of the accused or his attorney.
Second, reformed act allows the Electronic recording of custodial interrogation and permit it as a evidence for proving the consistency of statement and records. But the Electronic recording of custodial interrogation should be permitted only for the purpose of admission for consistency, not for proving crime itself.
Third, the records of witness's statement conducted in front of investigator, can be used as the evidence in case the defendant have had the opportunity for examining the witness. And this provision looks resonable judging from the point of view for the fair trial and protection of defendant's rights.
Fourth, the reformed act of 2007 stipulated the investigator's testimony on the defendant's confession conducted in face of him in interrogation. But I think this stipulation of the reformed act is a kind of legislative mistake. Therefore we must have interpreted the investigator's testimony as a evidence that could be used as a limited purpose for only proving the consistency of statement and records drawn up in interrogation.

목차

I. 서론
 II. 피의자신문조서의 증거능력
 III. 사법경찰관 작성 피의자신문조서의 증거능력
 IV. 참고인 진술조서의 증거능력
 V. 피고인의 진술을 내용으로 하는 조사자의 전문진술의 증거능력(조사자 증언제도)
 VI. 결론
 Abstract

저자

• 이은모 [ Lee, Eun-Mo | 한양대학교 법과대학 교수, 법학박사 ]

참고문헌