형사소송법상 조사자증언제도의 도입과 경찰 수사절차의 변화방향

Abstract

The amended criminal procedure law in the 2007 has introduced the examiner testament system. Civil Participation in Criminal Trial is where citizens are allowed to participate in criminal rulings to foster democratic appropriateness, concentrate hearing trial and direct evidence principle. An investigator’s testimony consists of a defendant’s testimony given at a time close to the incident that gave rise to the case, either at the site of the crime scene or during investigation procedure. Therefore, if the defendant denies the investigator’s testimony, the police officer’s testimony could have more influence on the jury than anywhere else. For a successful implementation of investigator testimony system, first, consistency,attitude specifity, clear distinction between admissibility of evidence and relevance of evidence is necessary in trials to fulfill the special trust condition for admissibility of an investigator’s testimony as evidence. Also, a flexible attitude is required when regarding responsibility for standing proof when judging “condition of particular trust.”Second, when writing interrogation records of the defendant, changes in investigative procedures for safeguarding legality and objectivity and securing physical evidence are needed, along with a change of role in the principle agent in investigation. For this purpose, the police is the principle agent in evidence collection, and the prosecution is the principle agent in the right of arraignment. The two agents should stay true to their duties and maintain a cooperative relationship. Third, several legal issues related to investigator testimony are examined.