수사과정상 피의자진술을 현출하는 방법의 한계와 보완 - 영상녹화물의 활용을 중심으로 -

Abstract

Written evidences pose significant disadvantages when it comes to the criminal litigation procedure. However the existing law still operates the written evidence system where the testimonial of the testimony becomes latent at the court. Written evidence system should not only be viewed as negative, from an investigating agency's point of view, but should be encouraged where the defendant is given chances to elucidate their crime. However, not all of the testimonials of the testimony gets recorded, and is subject to distortion, depending on the intentions of the writter. Violation of the suspects' human rights is becoming a frequent issue, and this will largely be due to the secretiveness of the investigation process hat occurs in a closed space. Therefore, enforcement of the transparency of the investigation process via external surveillance of it is important. Participation of the defenders in case of the suspect examination is considered important for the transparency of the investigation process, but the high cost of employing a defender or the strategy of litigations hardly make it an effective process. Video-recorded statements record the live testimonials closest to the occurrence of the crime and ensure the legal process, making it more suitable than the written evidences regarding the principles of the criminal litigation. Therefore, not only the video-recorded statements have more advantages than the written evidences in terms of discovering the truth as pursued by the criminal litigation process, and protecting the suspects' rights, it also helps protecting the suspects' rights by ensuring the transparency of the investigation process. The uses of video-recorded statements should not be limited as to merely supplementing the written evidences.