개정 형사소송법상의 증거조사

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.