수사상 진술을 녹화한 영상물의 증거능력
The Admissibility of the Video-Recording Statements about investigation
백승민(연세대학교)
19권 3호, 481~502쪽
초록
In a criminal case, it is not unusual for a defendant to complain that his statement in front of the prosecutor is not made of his own accord. From the perspective of the prosecutor, it is required that there is a scientific method of verification to ensure the due process. In namely, the purpose of all-around video recording throughout the proceedings of investigation is to ensure the legality of the investigation process and to provide the possibility of post-facto examination. Especially, to keep the authentication of the statement, Recently Amended Criminal Procedure introduced the electronic Recording throughout the investigation proceedings. Also, Under the recently amended Criminal Procedure, Video recording is required for the investigation of a defendant. But, according to the Code, the statement made by a defendant at the presence of a prosecutor could be adopted as the exception of hearsay. Anyway, I think that the electronic Recording could be used not only independent evidence but also evidence for impeachment about the credibility of a defendant.
Abstract
In a criminal case, it is not unusual for a defendant to complain that his statement in front of the prosecutor is not made of his own accord. From the perspective of the prosecutor, it is required that there is a scientific method of verification to ensure the due process. In namely, the purpose of all-around video recording throughout the proceedings of investigation is to ensure the legality of the investigation process and to provide the possibility of post-facto examination. Especially, to keep the authentication of the statement, Recently Amended Criminal Procedure introduced the electronic Recording throughout the investigation proceedings. Also, Under the recently amended Criminal Procedure, Video recording is required for the investigation of a defendant. But, according to the Code, the statement made by a defendant at the presence of a prosecutor could be adopted as the exception of hearsay. Anyway, I think that the electronic Recording could be used not only independent evidence but also evidence for impeachment about the credibility of a defendant.
- 발행기관:
- 법학연구원
- 분류:
- 법학