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Recognition Requirements of Interrogation Record of an Accused Becoming Suspect Drawn up by Prosecutor - In Relation to Hearsay rule -

  • DONG-A LAW REVIEW
  • 2010, (49), pp.171-211
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Shin, yi Chul 1

1건동대학교

Accredited

ABSTRACT

The interrogation record of a suspect-turned the accused drawn up a prosecutor as one of the statement evidence collected in investigational;procedure is a sort of hearsay one, that it is necessary to look into its exceptional use in relation to the application of the hearsay principle. The revised criminal procedure law has tried to realized the so-called public trial-focused rule meaning hat it should make statement at the public trial, an original evidence the basic data of recognizing facts rather than hearsay evidence revealed as substitute evidence. I light of that, it will be desirable to limit the evidence ability and effect of hearsay evidence as much as possible. Thus it appears sufficient in a theory of legislation different from current law, to listen to the accused's statement at court, if the statement content is denied, then deny the ability of a suspect-turned the accused's interrogation record drawn up by the prosecutor, and accept the evidence ability when the judicial police officer drawing up the suspect interrogation record or participating at the interrogation is present at the court, and testimonies. And it is time to more strictly judge evidence ability and ensure its rationality, and display ability to facilitate the realization of public-trial focused rule through faithful contest at court.

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