영상녹화의 적극적 활용 및 증거능력 인정 필요성에 대한 검토

초록

2020. 2. 4. The revised Criminal Procedure Act Article 312(1), so that the requirements for the evidence capability of the interrogation report prepared by the prosecutor are consistent with that of the interrogation report prepared by an investigative agency other than the prosecutor. Also, Article 312 (2) of the Criminal Procedure Act, which allowed video recordings to be used as evidence, was deleted. According to Article 312 of the revised Criminal Procedure Act, if the accused insisted that the contents of the suspected interrogation record in court are not true, the suspected interrogation record prepared by the police and prosecutors could not be used as evidence. As a result, the statements made by the accused before the investigative agency could not be used as evidence other than to testify that the investigator had heard the accused making such statements in court. However, such amendments to the Criminal Procedure Act do not comply with the Criminal Procedure Act aimed at discovering the truth. 2022. 1. 1. Before Article 312 of the revised Criminal Procedure Act enters into force, a full review of the above provisions is required.

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