소송절차상 전문진술의 증거능력인정에 대한 판단기준

Abstract

Evidence in second-hand statements deny admissibility of evidence in the criminal procedure. But, with an indispensable condition, they accept their personality the way it is with their positive and negative qualities in evidence. Admissibility of evidence is intricacy and restraint. Distinguishing of intricacy and restraint significance is that the criminal procedure compiled from reliable sources. The reliable sources prescribed by article 316 the code of criminal procedure. Article 316 the code of criminal procedure demand that the admissibility of evidence relation to testifying in court and special credibility for objective judgment. The testifying in court and special credibility article 316 the code of criminal procedure is the kernel of a problem in admissibility of evidence. It is particularly important that police officer’s testifying in court is mandatory appropriation bear witness to a crime. The police officer’s testifying in court is practicable to be repudiated by under trial former confession. It is problem that much of the testimony of those involved is not consistent(during the police investigation). The court set forth evidence that would support one’s testimony. The investigation of the police officer’s testifying in court requires circumspection. And it is objective judgment. The special credibility feel the emptiness of configuration in article 316 the code of criminal procedure. Because It is not definiteness of the verbal picture. The special credibility demand necessity and to have the confidence of various factors in considering. Article 316 the code of criminal procedure admit to claim impartiality and to call to mind ideology of truthfulness.