입법론적 관점에서 소송절차상 자백의 보강법칙의 문제점

Abstract

Confession requiring corroborating evidence is very important to accused in criminal procedure. If accused give a confession of guilt, those confessions must be unfavorable testimony at law court. It unrelated that detective made a man to confess his guilt by a strong arm. Unlike the past, following confession is not the only option to find guilty. If the evidence is clearly against the accused, the court don’t judge them guilty. Convictions needs corroborating evidence in criminal procedure. Because it is important to benefit of accused. The article 310 the code of criminal procedure prepared by a court of justice. This code is significant to impose restrictions to freedom in their having a firm belief of the judiciary. In addition, it is to prevent that the judgment which the judge made was wrong. The wrong judge prevent by requiring corroborating evidence the article 310 the code of criminal procedure. To prevent wrong judge is to realize by requiring corroborating evidence. Requiring corroborating evidence is relation to establish by limited range. Limited range have qualification and application of corroborating evidence. It is problem of qualification and application that an accomplice confess himself to be guilty in a court of justice. An accomplice confess is meaning to equal to accused. Judgment of to equal to accused must estimate by a prudent policy and composite aspects. Confession requiring corroborating evidence must be to be sure success to fulfil the necessary conditions above mentioned.