피의자 및 공범 진술의 증거능력 부여에 관한 합리적 개선 방안

Abstract

Due to the amendment of the Criminal Procedure Act that took effect on January 1, 2022, the requirement to acknowledge the admissibility of a suspect interrogation transcript prepared by a prosecutor has been changed to the same as the requirement to acknowledge the admissibility of a suspect interrogation transcript prepared by the police. Reflecting such changes, the Supreme Court also changed its position that Article 312(1) rather than Article 312(4) of the Criminal Procedure Act applies in order to determine the requirements for recognizing the admissibility of a prosecutor's protocol on the interrogation of a suspect as an accomplice. In addition, the Supreme Court took a stricter interpretation of the "situation in which the statement is particularly credible" as one of the requirements for recognizing the admissibility of evidence by deeming the examiner's testimony system under Article 316(1) of the Criminal Procedure Act as a grave exception under Articles 312(1) and 312(3). As a result, the testimony of the defendant himself/herself or his/her accomplice, which was obtained during the investigation stage, became inadmissible if the defendant denied its contents. Such changes have the advantage of guaranteeing the defendant's right to defend himself/herself and strengthening the trial-oriented principle, but they may undermine the judicial economy by increasing the possibility that the defendant or his/her accomplice who confessed at the investigation stage will later reverse his/her statement. In addition, such changes are likely to make it difficult to prove the facts charged in the cases where the statements of the defendant or his accomplice serve as key evidence, and thus hinder the discovery of substantive truth. This study analyzed the practical changes and problems caused by the amendment to the Criminal Procedure Act as described above and, in particular, sought improvement measures such as establishing regulations on interrogatory transcripts of suspects prepared by accomplices, changing the admissibility requirements of testimony by investigators, and facilitating the video recording system.