검사의 증인사전면담의 필요성과 한계에 대한 연구

As the problem of the written trial is highlighted in the criminal trial, the importance of the witness interrogation is gradually emphasized. In order for witness interrogation to take place effectively and smoothly, prosecutors should be allowed to conduct pre-trial witness interviews, but there is always a possibility that testimony will be distorted due to conciliation or pressure on witnesses. The limitation of the prosecutor's pre-trial witness interviews is set by certain regulations so as not to hurt the defendant unfairly, but if the prosecutor complies with the regulations, the witness's credibility can be recognized and take a step forward in discovering the substantive truth. In the meantime, most of the cases of prosecutor's pre-trial witness interviews in our criminal trials have been made to reverse the testimony of the witness who testified in favor of the defendant or to prevent the witness's testimony from reversing. It is time to establish specific standards for the prosecutor's pre-trial witness interviews and institutionalize the prosecutor's pre-trial witness interviews as a preparation stage for criminal trials. This paper reviewed the practice of overseas countries and international criminal trials, summarized the opinions of domestic academia and the Supreme Court's precedents related to pre-trial witness interviews, and presented specific standards for pre-trial witness interviews by prosecutors.