소송절차상 전문진술의 증거능력인정에 대한 판단기준

• 영문명: A Study on the Standard of Judgment for Admissibility of Evidence in Second-Hand Statements on the Criminal Procedure
• 발행기관: 한국형사법학회
• 저자명: 이찬엽(Lee, Chan-Yeub)
• 간행물 정보: 『형사법연구』형사법연구 제24권 제3호, 261~288쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.09.30

영문 초록

Evidence in second-hand statements deny admissibility of evidence in the criminal procedure. But, with an indispensable condition, they accept their personality the way it is with their positive and negative qualities in evidence. Admissibility of evidence is intricacy and restraint. Distinguishing of intricacy and restraint significance is that the criminal procedure compiled from reliable sources. The reliable sources prescribed by article 316 the code of criminal procedure. Article 316 the code of criminal procedure demand that the admissibility of evidence relation to testifying in court and special credibility for objective judgment. The testifying in court and special credibility article 316 the code of criminal procedure is the kernel of a problem in admissibility of evidence. It is particularly important that police officer’s testifying in court is mandatory appropriation bear witness to a crime. The police officer’s testifying in court is practicable to be repudiated by under trial former confession. It is problem that much of the testimony of those involved is not consistent(during the police investigation). The court set forth evidence that would support one’s testimony. The investigation of the police officer’s testifying in court requires circumspection. And it is objective judgment. The special credibility feel the emptiness of configuration in article 316 the code of criminal procedure. Because It is not definiteness of the verbal picture. The special credibility demand necessity and to have the confidence of various factors in considering. Article 316 the code of criminal procedure admit to claim impartiality and to call to mind ideology of truthfulness.

목차

Ⅰ. 서언

Ⅱ. 제316조 제1항 및 제2항의 증거능력 예외인정에 대한 문제점

Ⅲ. 조사자 증언제도를 통한 제316조에 대한 조명(照明)

Ⅳ. 피고인의 전문진술, 재전문증거의 증거능력 및 그 밖의 문제

Ⅴ. 결언

참고문헌

Abstract

키워드

전문법칙 전문진술 조사자증언 참여자 증거능력 hearsay rule second-hand statements police officer’s testifying in court a participant admissibility of evidence