허위자백의 사례분석을 통해 본 형사절차상 문제점

In the criminal justice system which is designed to realize the social justice, if innocent people are found guilty through their false confessions, it means the complete failure of system. Accordingly, executions of empirical studies of false confession and researches of its prevention and remedy have very important meanings in criminal procedures. Through analyzing false confession cases, we can identify the problems in the investigation procedures and the trials. Firstly in the investigation procedures, confession oriented investigation, violation of exclusionary rule for confession in suspect interrogation procedure and various false habitual investigation practices increase the possibilities of false confessions and eventually could bring failure of the investigation. In addition, we need special cautions and policies for adolescents and handicapped people, because they tend to have higher risks of false confession. In the trails, there remains “the voluntariness assumed’ attitude which formally investigates the voluntariness of confession. Additionally, there also exists the problem that the experts who are working in criminal procedures like investigators and judges don’t recognize the possibilities that false confession could happen anytime, because they don’t have sufficient understanding about false confession. In order to overcome the problems in criminal procedures and to secure the transparency of the investigation, we especially need to have compulsory videotaped interrogation or appoint the public defender in the investigation procedures as alternatives. In trails, we need much stricter evaluation of voluntariness of confession. In addition, investigators, prosecutors, judges and all the people who are working in criminal procedures should have professional education to expand the understanding of false confession.