공정한 재판을 받을 권리와 방어권 강화

Abstract

Criminal Procedure Revision Act contains some provisions about trial-centered court proceeding and pre-trial discovery. An ultimate goal of the trial-centered court proceeding is ensure a fair trial. Right to a Fair Trial could be realized through substantial guarantees of defense rights. The guarantees of defense rights of the accused is premised right to effective assistance of counsel. An importance of witness-interrogation procedure is getting bigger by adopting of the lay participation trial. Thus preparations of the cross-examination by the defense counsel to the prospective prosecution witnesses are very crucial. By the way, the defendant's ability to acquire relevant information about the case is extremely limited. The defendant usually confronts the prosecution forces not only with meager resources, but also under statutory and doctrinal rules that restrict his ability to gather meaningful information about the case. In this point, the prosecutor's evidence should be disclosed broadly. Prosecutors play a distinctive role in the criminal justice process. Their responsibility is not to an individual client but to the cause of justice. Accordingly, prosecutors are guided by higher ethical considerations than those governing attorneys generally. The prosecutor exercises a “quasi-judicial” function. Because the prosecutor exercises such awesome power, society requires “assurance that those who would wield this power will be guided solely by their sense of public responsibility for the attainment of justice”. The right of defendants to interview witness without prosecutorial interference is grounded in the constitutional guarantee of due process and right to a fair trial. In this sense, the prosecutor should not advise any person or cause any person to be advised to decline to give to the defense information which such person has a right to give. A pre-trial defense contact with witnesses should be free from prosecutor's obstruction.