映像録畵物制度에 관한 比較法的 考察

A Comparative Study on the Image Recordings System for a Suspect

A revised legislative bill of criminal procedure law has taken effect since Jan, 1, 2008, passing the National Assembly Apr, 30 and being promulgated Jun, 1 in 2007, This legislative bill was entirely revised to the degree of 'the birth of neo-criminal procedure law' after criminal procedure law had been established and taken effect on law subparagraph 341 in Ssp, 23, 1954, Stabilization of the admissibility of evidence was planned, For example, true existence of protocol could variously be testified by improving the defect in the evidence law field that evidence law system was unstable due to the absolutely admissibility of evidence of interrogatories written by prosecutors depending on the true existence test of the accused, focusing on the reinforcement of trial-concentrated principle by establishing law examination procedure of trial-concentrated principle, Especially, it had much value of guarantee of human rights, security of moral clarity in investigation procedure, ani function of paperless protocol by introducing image recording system of suspect and reference witness's statement, By this, true trial-concentrated principle could be realized, The third chapter reviewed legislative examples and current operation states of the Continental law and Anglo-American law, As the Continental law, there is increasing for and against controversy in Japan and obligation of image recording in Taiwan, As Anglo-American law, there is well-operated image recording system in England ani the U,S,A, Image recording investigation is much more developed protocol in future orientation by literally recording the figure and statement during investigation procedure according to the development of image recording technology, especially digital recording technology, For example, the beginning of this system in England was for complement of the police officers' recording differently from the fact in writing the investigation, In the U,S,A it began as the method for checking the announcement of right to remain silent, As the investigation procedure is recorded scientifically ani automatically with the effect of security of human right, the developed countries admit its admissibility of evidence, Obligation and application of image recordings is already increasing in actual affairs all over the world, This leads the digital technology to secure human right with the development of modern science and technology and enables legal investigation and fair justice to realize, Furthermore, our country can jump over legal imitation of developed country through the high-tech information technology and lead the international development of criminal justice through operation and successful settlement of this system,