현대 심리신문기법과 허위자백 : 현대 심리신문기법에 의한 허위자백 유발에 대한 원인분석과 형사소송법상 대응책의 검토를 중심으로

Since the Miranda Decision, behavioral analysis and psychological interrogation techniques are being used in criminal investigations instead of coercive interrogation. Since the modern psychological interrogation techniques are more powerful than traditional coercive interrogation, the risk of modern psychological interrogation techniques to cause false confession is increasing. This study analyzed and explored (1) the modern psychological interrogation techniques that result in false confession, (2) the judgment and proving of confession's volutariness, which is an issue of Criminal Procedure Code related to false confession, (3) the extent of corroboration evidence of the confession, and,(4) the prejudicial impact, which is a negative element caused by confession. In addition, as the counter-measures to these issues, the subject of allowing the testimony of experts and possible measures that can prevent false confession during criminal investigation were reviewed and suggested. In order to prevent false confessions, it is required to record the whole process of criminal investigation as audio record or video record. Also, the criminal judicial officers including judges, attorney at laws and prosecutors should get continuous education in this regard. From the perspective of legislation, current Criminal Procedure Code does not have stipulations that govern the crime suspect interrogation method. Therefore,it is required to add the prohibition of the interrogation methods that infringe the suspect capability on memory and judgment to Article 241 of Criminal Procedure Code. Article 309 of Criminal Procedure Code should be also added of a clause saying that forced confessions should not be allowed as an evidence of guilt regardless of the consent of the criminal defendant. Article 310 shall also stipulate that any corroboration evidence of the confession should have independent proving capability. However, more than above, it is most important to newly establish the awareness on the false confession and meticulously examine during the trial whether the confession is false or not and whether the confession is volutary or not.