공동피고인의 피고인적 지위와 법정진술－공동피고인의 피고인적 지위에서 바라본학설ㆍ판례의 문제점－

In our law, codefendant(joint defendant) usually contains the accomplice,where two or more perpetrators work together, and the defendant who is in Article 2 of the Criminal Procedure Act. According to the peculiarity of deposition of codefendant, admissibility of evidence may be divided into the case when accomplice is not a codefendant and when accomplice is a codefendant. If codefendant’s assertions are different from each other, this raises some question about the above statement. Here, the problem of admissibility of evidence by a confession of codefendant(joint defendant) is how to determine the essential condition to use any disadvantaged statement of the codefendant as a statement to admit a crime of the defendant. Especially, there is the argument on whether we can use confession by the codefendant as the admissibility for a judgement of the other codefendant. Furthermore, the problem of admissibility of evidence and eligibility as a witness by a confession of codefendant is mainly remained to the interpretation of literature theories and the judicial precedents. The court states that the court confession by codefendant is admitted as evidence for the charge of the other defendant. They also make a definite decision that there is no problem when codefendant is not relationship as accomplice, he or she is in a position as the 3rd person and should be a witness who should recognize as qualification of witness. In here, it is necessary to discuss if his or her statement as codefendant can be used as a evidence to prove a charge of the other defendant. The interpretative controversy over the admissibility of evidence about the confession by codefendant is a typical example of those problems. As a result, the court confession by codefendant may not the problem simply related to the formal interpretation of criminal procedure act, rather it needed to consider the essential codefendant as a defendant’s status of criminal procedure act on the basis of constitutional requests.