영상녹화물의 바람직한 사용방법에 대한 소고 - 피의자에 대한 영상녹화조사를 중심으로 -

Abstract

The investigative agency’s recording of the suspect interrogation proc ess was devised as an institutional device to prevent human rights viola tions against suspects comparatively and to secure transparency and leg itimacy of the investigation procedure. Criminal Procedure Act was revi sed in 2007 and introduced the video recording system as part of the s ystem to guarantee the human rights of the suspect and to realize the trial-centered system. It is an important task in the area of criminal ju stice to check the actual condition of the video recording system of the suspect interrogation to realize the principle of due process and to find a rational way to use the evidence of video recordings. In this article, we will review the problematic situation of video recordings of suspect s under the current Criminal Procedure Act, and try to find a desirable way to use video recordings of suspects in criminal trial practice. Investigation agencies analyze various types of video recordings of susp ect newspapers in the investigation stage by referring to ‘analysis of st atements on video recordings of victim statements’ or ‘integrated psych ological analysis of statements of suspects (psychophysiological tests, b ehavioral analysis, clinical psychological evaluation)’, etc. The procedure is implemented, and the analysis results can be used to judge the arbitr ariness of statements in the suspect interrogation report or the investig ator’s testimony or to examine the special status. In addition, the accus ed can use the controversial part of the video recording of the suspect’ s interrogation specifically to contend with the facts of the charges or to refute the prosecutor’s argument. Through this, it is possible to corr ect the wrong part of the statement of the suspect in the interrogation report, and furthermore, it is possible to clearly state the purpose of th e statement of the suspect, and through this, an effective court battle c an be conducted. Above all, apart from whether a witness in an accomp lice relationship can reproduce or watch a video recording of the suspe ct’s statement rather than his or her own, at least in the evidence pres ervation procedure, a video of the suspect interrogated by the witness about himself in order to evoke his memory. In principle, it is possible to play or watch a recording or to present a transcript or summary of the statement in which the statement is written to a witness.