개정 형사소송법상 공범의 진술증거 확보 문제 - 검사 작성 피의자신문조서의 증거능력 제한에 따른 대안 -

The revised Criminal Procedure Act of Korea of 2019 restricted on the admissibility of a protocol prepared by prosecutor under the Article 312-1. According to the revised Criminal Procedure Act, when the defendant does not admit the protocol of co-defendants or co-conspirators, it would not be admissible. It will be difficult for prosecutors to secure evidences from statement of co-conspirators, and prevent appeasement or coercion from the main culprit. As a result, it is expected that there will be difficulties to deal with corporate crimes, organized crimes and corruption crimes, in which the statement co-conspirators is indispensable. Judges do not have to believe in only the testimony made in the court. There is no such legislation in any other developed countries. In the United States, the statement of co-conspirators is admissible under the specific requirements regulated by the Federal Rule of Evidence and the court cases. That's because it is necessary and reliable in the specific circumstances. When inconsistent statements are compared and scrutinized in the court, it is possible to approach the truth. It is expected that the interrogator's testimony, depositions, impeachment evidences will be used instead of a protocol prepared by prosecutor under the Article 312-1. However, each method has a limit to secure statement of co-conspirators. That's why legislative supplements are needed. This paper researches the possibility of the admissibility of the video-recording, the expansion of the interrogator's testimony, the introduction of the investigatory testimony which is similar to the grand jury testimony in the United States, and the adoption of the immunity and the sentence reduction system.