증거재판주의와 공정한 재판의 문제

Abstract

Criminal proceedings seek to realize distributive justice. Criminal proceedings pursue the principle of substantive truth, due process, and speedy trial as their ideologies. In addition, the defendant is presumed innocent until a final guilty verdict is reached. The ideology of criminal proceedings is ultimately to realize fairness in trials. Regarding the fairness of trials, the principle of evidence trial stipulated in Article 307 (1) of the Criminal Procedure Law is a principle of criminal procedures that guarantees the implementation of fair trials and performs the function of procedural fairness. The principle of evidence trial is a principle of criminal procedures that recognizes facts through evidence, so it performs the function of increasing the value of procedural fairness. In this respect, it is reasonable to understand the ideology of criminal proceedings as the principle of substantive truth, the principle of due process, and the realization of justice in criminal justice. The principle of evidence trial pursues substantive truth based on the principle of due process, and requires strict proof to realize the principle of substantive truth. The principle of evidence trial is a principle that realizes procedural justice and corresponds to the practical value ideology of criminal proceedings that pursues the utility of fair trials. Therefore, as a means of establishing fairness for the realization of fair trials, it is necessary to consider a method of conducting public oral evidence investigations in order to establish the principle of trial-centeredness and to strengthen the utility of the principle of evidentiary trial that presupposes the establishment of the principle of trial-centeredness, and it is reasonable to consider a method of applying the exceptions to the rule of expert testimony in a narrower range than the current provisions of the Criminal Procedure Law. For example, it is reasonable to revise the requirement of special circumstances stipulated in the proviso clause of Article 312 (4), the proviso clause of Article 313 (1) and the proviso clause of Article 314 of the Criminal Procedure Law to “allowed when it is clearly proven that it was conducted based on objective and scientific grounds.” Ultimately, it is reasonable for the Criminal Procedure Law to aim for the establishment of the principle of trial-centeredness as procedural fairness that presupposes the principle of evidence trial in order to realize fair trials.