진술 영상녹화물의 활용방향

Abstract

Relating to the admissibility of the audio-video record of the statements which are made in the investigation process, the position of the prosecution, which insist on the admissibility, is sharply opposed to the position of the court, which deny the admissibility. But It could not be justified with any kind of ground to insist that for using the statements of a person as a evidence, it be admissible when the statements are recorded in the document, but inadmissible when recorded in audio- video tapes. Therefore, it would be reasonable for the future that we stop the unnecessary and exhaustive opposition and search the effective method of using the audio-video record as evidence which could make the effective accomplishment of trial process to be possible. Hereafter, it would be necessary to make the interactive feeling of agreement between the court and prosecution about two principles, one of documentation and the other of necessary minimum use. Under this kind of agreement, if the audio-video recording would be activated, the process of the investigation would be more effective with reducing the work of making written record and the standards of investigation be upgraded. Forethemore it would recover the trust of the people for the investigation of the prosecution. Consequently, it will become the milestone for the future of the prosecution to increase the applications of the audio-video recording continuously. And with reducing the worry of the court about the application method for audio-video record and forming the agreement for the effectiveness, it would be the rational direction for the future to recognize ultimately the admissibility as evidence of the audio-video record itself and to remove the unreasonabe blank in the practice of the administration of the criminal justice.