소송이념구현의 관점에서 피의자신문조서의 증거능력인정과정상 제 문제

Abstract

Criminal procedure is very important to the interested party in the benefit. The benefit is relation to the punishment by proof to bear witness to a crime. Discovery of the crime is complex. This fact is indeed proof of his innocence. Hearsay rule attach great importance to offer evidence against a statement. The statement must the terms desired in the front a judicial officer. Judicial officer build up to gain a confident belief into sufficient evidence. The protocol questioning a suspected person by a public prosecutor is incongruent in the public trial court to hear at firsthand. This problem, there are the meaning of a word of due process and formality, substantial authenticity, special credibility, video recording materials. The article 312 the code of criminal procedure express problem of abovementioned. This code revised for protection of the suspected person criminal procedure in 1997. Nevertheless, it is almost certain that benefit is going to take over criminal procedure in a viewpoint. The first problem, Exceptions to the of hearsay rule is not application entirety following insistence. The second problem, Due process and formality coincide with principle of proper procedures in criminal procedure. Principle of proper procedures in criminal procedure comprise wrap up idea. This idea include due process and formality. The third problem, It is not assumed that perfunctory authenticity have substantial authenticity. A divergence of opinion mold nonexistent. The forth problems are proof of video recording materials and special credibility. These request objective and synthetic judgment for suspected person. This is because he has the weak from a legal point of view in criminal procedure.