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학술논문일감법학2012.10 발행

검증조서의 소송절차상 문제점과 그 개선점의 판단기준

A Study on a Standard of Judgment and Improvements of Report on Admissibility of Evidence in Criminal Procedure

이찬엽(서남대학교)

23호, 121~151쪽

초록

Report on admissibility of evidence is relation to admissibility of evidence in criminal procedure. There are two sorts report on admissibility of evidence. The article 311 and 312.(6) the code of criminal procedure is different from the main body in drawing up. The article 311 the code of criminal procedure prepared by a court of justice. The article 312.(6) the code of criminal procedure prepared by investigation agency. Both parties in admissibility of evidence is discrepancy in legalistic ability. Report on admissibility of evidence in court of justice accept admissibility of evidence automatically. But report on admissibility of evidence in investigation agency accept after adequacy of uniform requirements. Adequacy of uniform requirements is a strict rule. The effect of the strict controls was serviceable in criminal procedure to what was expected. Report on admissibility of evidence by due process of law and conforming to the usage is possible. In addition, What it truly in establishing accept admissibility of evidence. And then, There are so many issues surrounding that both site investigation report and report on admissibility of evidence are equivalent in character. There is same essence between the two. site investigation report. Thus, we must apply to the article 312.(6) the code of criminal procedure. It is demanding that all site investigation report should be take an objective view. If It is to follow the rules of poor treatment, admissibility of evidence will be disappear into thin air.

Abstract

Report on admissibility of evidence is relation to admissibility of evidence in criminal procedure. There are two sorts report on admissibility of evidence. The article 311 and 312.(6) the code of criminal procedure is different from the main body in drawing up. The article 311 the code of criminal procedure prepared by a court of justice. The article 312.(6) the code of criminal procedure prepared by investigation agency. Both parties in admissibility of evidence is discrepancy in legalistic ability. Report on admissibility of evidence in court of justice accept admissibility of evidence automatically. But report on admissibility of evidence in investigation agency accept after adequacy of uniform requirements. Adequacy of uniform requirements is a strict rule. The effect of the strict controls was serviceable in criminal procedure to what was expected. Report on admissibility of evidence by due process of law and conforming to the usage is possible. In addition, What it truly in establishing accept admissibility of evidence. And then, There are so many issues surrounding that both site investigation report and report on admissibility of evidence are equivalent in character. There is same essence between the two. site investigation report. Thus, we must apply to the article 312.(6) the code of criminal procedure. It is demanding that all site investigation report should be take an objective view. If It is to follow the rules of poor treatment, admissibility of evidence will be disappear into thin air.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.35148/ilsilr.2012..23.121
분류:
기타법학

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검증조서의 소송절차상 문제점과 그 개선점의 판단기준 | 일감법학 2012 | AskLaw | 애스크로 AI