공동피고인 진술의 증거법적(증거능력) 규제

Abstract

It is necessary to look in depth at method that is used as evidence to regulate ability of evidence more strictly according to the peculiarity of deposition of codefendant. First, to use deposition in the court of codefendant, in the case of confederate who is in confederate relationship that is not recognized in eligibility of witness and in the case when confession in court and enough cross examination had been carried out, confessed deposition is recognized ability of evidence. Therefore, in these cases, it is not necessary to question as witness. But when codefendant's assertions are different from each other, most of them are confederates. However, if assertions are very different from each other, it is possible to question after making an oath as witness when there is voluntary application of codefendant and separated truthful pleading to find truthful entity exceptionally. Also codefendant who is not in relationship as confederate is in a position as the 3rd person and one should be a witness who should recognize as qualification of witness. At this point, it is not impossible to separate pleading. However, it is considered to avoid unnecessary steps as seeing Zeugenvernehmung (examination of a witnesses) in the same lawsuit. In addition, as using pleading out of court of codefendant, court should give ability of evidence when adequate cases like confession as requisite of Article 312 Clause 4 of Revised Criminal Procedure Act and in case of police confession as requisite of Article 312 Clause 4 of the same Act.