개정형사소송법과 공범의 자백의 증거능력에 관한 해석론

There is the argument on the admissibility of confessions by a co-offender. The argument should be changed in the amended criminal procedure act. Because the criminal procedure act Article 312 related to the rule against hearsay was amended on Jun. 1, 2007. A right of confrontation of defendant is emphasized in Article 312 (4), namely, a protocol containing interrogation of third party other than a defendant prepared by a public prosecutor or other investigation authorities. Do a co-offender belongs to third party other than a defendant? Or do a co-offender belongs to a defendant? Can we use confession by the co-offender as the admissibility for a judgement of the other co-offender? How will be changed a argument with regard to these in the amended criminal procedure act? The purpose of this article is to answer this question. The table of contents of this article is as follows Ⅰ. Introduction Ⅱ.Essential cause of the argument and qualification of witness of co-defendant Ⅲ. In case the co-offender is prosecuted as a co-defendant Ⅳ. In case the co-offender isn't prosecuted as a co-defendant Ⅴ. Conclusion