자백의 증명력과 보강증거

Abstract

Evidential power refers to the substantial value of the evidence that can prove the true value. The current law, as in Article 310, stipulates that the conviction based solely on the confession should be implemented by supporting evidences. The principle of corroboration to the confession is viewed as necessary, in order to prevent the false judgment caused by the false confession or to steer clear of human rights infringements that come from the confession-centered investigation. Therefore the breach of the corroboration principles should naturally lead to the appeal to the higher courts. Some, on the other hand, hold the view that it can also be the ground for the Extraordinary Appeal once it is found after conviction, which is rather controversial. As such, the exclusionary rule of confession is for the admissibility of confession as an evidence, while the Corroboration principle is about the evidential power of the confession. The ban on the conviction without supporting evidence, even when there is sufficient circumstantial evidence in the confession deemed to have evidential power renders the corroboration principle the to be exceptional to the rule of free and independent findings of fact, in addition to the evidential power of the protocols to public trials.