개정 형사소송법상의 증거조사

• 영문명: Evidence examination in Amended Korean Criminal Procedure Code
• 발행기관: 한국형사법학회
• 저자명: 차정인(Cha Jeong-In) 이정환, 안성수
• 간행물 정보: 『형사법연구』형사법연구 제19권 제4호, 111~156쪽, 전체 46쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.01.22

영문 초록

  Evidence examination procedure should be in accord with the principle of public trial. It also should be in accord with the newly adopted jury trial system and the principle that the judgement should be rendered on the last trial date.
  A judge is prohibited from reading the document or seeing a piece of evidence before public trial because reading or seeing is in fact an act of evidence examination.
  In the process of presenting potential evidence to decide its admissibility, the contents of the document or the shape of the evidence should not be disclosed to judge or jury.
  There is a risk that a judge may engage in an act of evidence examination when the video of investigation process is played for the purpose of deciding admissibility of evidence.
  Amended Korean Criminal Procedure Code took out the process of judge"s ‘essential points announcement", instead it adopted the process of prosecutor"s ‘document reading".
  But, this change does not seem proper because the process of judge"s ‘essential points announcement" is an important cross check about the judge"s correct understanding.
  When evidence examination process is completed, the documents and evidences should be returned to the presenter. If a judge read the document or see the evidence at his (or her)office after completing the evidence examination, he (or she) violates the principle of public trial.
  In witness examination, leading question does not help to discover truth at public trial at all. Thus, judge have to prevent leading question from the first question.

목차

Ⅰ. 머리말
Ⅱ. 증거물과 증거서류에 대한 증거조사 일반
Ⅲ. 그 밖의 새로운 증거방법들에 대한 증거조사
Ⅳ. 증인신문(특히 불법적 신문방식 중 誘導訊問에 대하여)
Ⅴ. 맺음말
〈Abstract〉
‘개정 형사소송법상의 증거조사’에 대한 토론

키워드

증거조사절차 공판중심주의 요지고지 낭독 유도신문 형사소송법 291조 형사소송법 292조 evidence examination procedure principle of public trial essential points announcement document reading leading question Korean Criminal Procedure Code Article 291 Korean Criminal Procedure Code Article 292