earticle

영어

This discussion on the admissibility of investigatory statements on the reformed criminal procedure law can be briefly summarized as follows.
First, prosecutor's document recording the interrogation of the accused could be widely used as the evidence to convict him, while police's document could be easily eliminated by the objection of the accused or his attorney.
Second, reformed act allows the Electronic recording of custodial interrogation and permit it as a evidence for proving the consistency of statement and records. But the Electronic recording of custodial interrogation should be permitted only for the purpose of admission for consistency, not for proving crime itself.
Third, the records of witness's statement conducted in front of investigator, can be used as the evidence in case the defendant have had the opportunity for examining the witness. And this provision looks resonable judging from the point of view for the fair trial and protection of defendant's rights.
Fourth, the reformed act of 2007 stipulated the investigator's testimony on the defendant's confession conducted in face of him in interrogation. But I think this stipulation of the reformed act is a kind of legislative mistake. Therefore we must have interpreted the investigator's testimony as a evidence that could be used as a limited purpose for only proving the consistency of statement and records drawn up in interrogation.