법원의 증거기각결정에 대한 형사절차상 불복방법

Abstract

The right to application for evidence is to realize a fair trial by assuring defendant's right to defense so it comes to important issues for objection or remedy methods when there is a rejection on request for evidence. However the decision of evidence dismissal is placed on the proceeding before the verdict. Therefore even though it can't be done with the method of appeal, it is affordable with the appeal to the verdict itself by taking the reason that the unfair and illegality during the proceedings of evidence investigation have influenced the verdict through a mistake of facts. The timely demurrer for evidence has more practical significance for the protection of the defendant. In addition it seems desirable to give a possibility of application for challenge to defendants in the view that the activation of challenge system can be practiced against the judge who rejected the request for evidence when the right to application for evidence has been infringed by the arbitrary decision.