自白과 傳聞法則과의 關係

The modern Criminal Procedure Code admits the confession proof evidence without exception, but the evidence power of confession is restricted severely. The pro-vision of clause 7, Art.12, of the constitution and the provision of Art.309,310 and of the clause 2, Art. 312 of the Criminal Procedure Code clearly show these confession rules. Meanwhile, hearsay rule is regulated by the provision of the second of Art.310 of the Criminal Procedure Code which restricts the evidence power of hearsay evidence, and the provision of Art.311 to 316 is regulated by the exceptional occasion. That is to say, in order to admit the exception of hearsay rule, hearsay statement must have circumstantial guarantee of trustworthiness. At the same time, it is only case to use the hearsay evidence because there is no evidence to show guilt as the important fact needs evidence. Confession necessarily needs the voluntariness in order to catch the evidence of guilt. So with his agreement confession without voluntariness does not have evidence power. But only the case it is stated on the truthful circumstances so as to replace a contrast trial, hearsay statement can be adapted the guilty evidence. Therefore the permission of confession related with hearsay evidence dose not solve the problem to machinary interpret the provision of the related Criminal Procedure Code and Constitution, and so substantially based on confession rule which is understood relation the idea, purpose, function and structure of the Criminal Procedure Code, confession is to be examined whether it has evidence power or not.