개정 형사소송법상 참고인 진술조서(제312조 제4항)의 적용범위

The provision on the past criminal procedure law was pointed out as not being substantial when considered from the view point of guarantee of an accused's confrontation right, principle of immediacy, oral negotiating maxim etc. To overcome these problems, and realize the public trial system, the revised criminal procedure law generally reviewed the evidence law, and greatly modified the requirement of granting evidence capability to recorded statement of witnesses by the investigation agency. In spite of that, it is a fact that realizing the public trial system ultimately aimed at was only half worth what it had been since the priority principle of documentary evidence was attained by the authenticity of the constitution of the recorded statement of witnesses can be recognized through objective methods such as video recording. Thus if the accused makes statement of refusing at the court, then the testimony of a witness or an investigatee should be preceded, and only when it is not possible, it should be re-established in a direction of accomplishing the rule of personal evidence priority taking on the type of exceptional evidence use for documents as a hearsay evidence.