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Several Studies on Article 313, Paragraph (1) of the Criminal Procedure Act

  • DONG-A LAW REVIEW
  • 2014, (62), pp.211-240
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee, Chang-Sup 1

1제주대학교

Accredited

ABSTRACT

Article 313, Paragraph (1) of the Criminal Procedure Act provides that a statement which a defendant or any other person prepared outside the course of investigation and a document where their statements were recorded in the same situation is admissible as evidence if the following requirements are met. Firstly, a statement must be in their own handwriting or there must be a signature or a seal of the person having made a statement, that is to say the original stater on the statement and the document. Secondly, the authenticity of the statement’s or the document’s formation must be proven by the statement of the original stater at the date of a trial preparation or a trial. Exceptionally, a document where a defendant’s statement was recorded is admissible as evidence only if the authenticity of the document’s formation is proven by the statement of the person having written the document at the date of a trial preparation or a trial and the statement of the defendant was made under particularly credible circumstances, in spite of the statement of the defendant at the date of a trial preparation or a trial. This statement of the defendant means the thing that denies the authenticity of the document’s formation.

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