형사소송법상 조사자증언제도의 합리적 운영방안

Abstract

The investigation authorities's statement in criminal procedure has made an entrance under the subject as for the principle of trial-centeredness. Realization of the principles of direct and oral proceedings is the core trial-centeredness and this principle has become the kernel directing post throughout the course of current criminal justice reform in Korea. However, practice of the trial has already become formalistic and skeleton. The protocol which contains a statement of a suspect prepared by public prosecutor or judicial police officer(investigation authorities) can effectively program the conviction of judges in advance. If the investigation authorities's statement is used as one of various information(evidence) and is controlled by legal procedure that helps the judge convict, it can rather contribute to the formation of a rational conviction and ensure a fair trial. But I don't think this system can make rational criminal justice. I don't think this system can make rational criminal justice in our times,because in criminal procedure the investigation authorities's statement can possibly cause problem that the defendant's statement conducted in front of investigator can be as a evidence without difficulty. Besides devices to control this system is weak. Devices to check and control the investigation authorities's statement are required to be strengthened beforehand and afterwards in criminal procedure.