인정 가능한 과학수사 증거들의 신뢰요건; 관리의 연속성 원칙을요구하는 최근 판례의 동향을 중심으로

The management of evidences must be objectively transparent from the time of the forensic evidences collection at the crime scene to the evidence presentation to the court. If the evidence is managed illegally through criminal procedure, it cannot be used as crime evidence. First, in securing evidence, there must be an authority to secure evidence. Voluntary investigations require arbitrary consent of the subject, and forced investigation requires a warrant issued by a judge. The statement evidence obtained in the investigation stage is based on “the sincerity of establishment (the trust requirement)”, the statement should be contained in the signatures, the signature of the seal, and the legitimate procedures and methods. The statement evidence obtained in the investigation stage must be approved by the stater in the court. In the case of physical evidence, there is no specific regulation in the law such as the Criminal Procedure Law. However, as in the case of statement evidence, the management of physical evidence should be objectively transparent from crime scene to the court. Records such as photographs, investigation documents, Hash Function etc. are needed to prove objectivity and transparency of physical evidence management.