공판중심주의의 올바른 운용 방안에 관한 소고

Views on Operational Plan of Court Hearing based Trial

A Court Hearing based Trial (CHT) consists of a principle to gain a strong belief on the accused at bar whether he is found innocent or guilty. CHT, dating back to a criminal administration system of justice on the Continental Law stemmed from a reflection of a closed-door inspection and a trial, is a developed system from a model of the jury system of England. A CHT is closely linked to a basic principle of the codes of criminal procedure, such as Open Trial at Bar, Direct Hearings in Chief, Continued Hearings of Duration; it is also related to the Outset on a Written Arraignment sent from a prosecutor, Limiting Admissibility of a Specialized Evidence, Easing Investigation after the Indictment, and so on. Among all, Continued Hearings of Duration, Direct Hearings in Chief, and the Outset on a Fact of Indictment from a prosecutor have more connections to do with a CHT. Looking into several points in question to set up a Court Hearing based Trial (CHT): A current trend of Criminal Trials is prone to distort substantive truth caused by spreading perjury of a witness therefore, the direct hearing in chief at Court as being an all-around theory should outgrow one s former awareness. A Theory of Party to legal proceedings associated with any misunderstanding brings about a prejudice that a CHT and the Party Theory are articulated to each other. When stepping up the CHT, it could cause a fixed idea with respect to expense increments on the criminal administration of justice, the impediment of swift court hearings, and a wealth overriding criminal offenses or vice versa. Further, checks and balances separating powers between lawful enforcement and lawful justice agencies can be uncertain. It is skeptical, additionally, whether a CHT can remain in an orderly fashion when it comes to expansion to limit the admissibility of specialized evidence. In order to realize the Court Hearing based trial (CHT) rationally, (1) Reciprocal and close cooperation between the law enforcement agencies should be proceeded. (2) A CHT based on exclusive operation centered on the Court should be averted. (3) As a way to check forming the weakening belief on the side of judges, a method of Continued Hearings of Duration should be adopted. (4) A supplementary device should be arranged to attain a concrete principle of swift court proceedings. (5) The lawful sanctions in respect to a reference s misrepresentation and unlawful interference when executing judicial duty, etc should be positively reviewed for introduction. (6) A substantial and detailed written record shall be made by the Court to guarantee a procedure of a CHT, (7) Increasing the staff of judicial officers and prosecutors, together with a creation and expansion of the judicial courts in both men and materials should be reinforced. On top of everything the criminal law enforcement agencies should admit with a modest attitude the criticism for being bounded by regional self-centeredness, form a major part of général public and agonize genuinely when applying for the best course of operating a CHT.