검사 작성 피의자신문조서 증거능력 제한 이후 조사자증언 제도 개선 방안

Improvement Measures for Investigator’s Testimony System after the Restriction on the Admissibility of a Protocol Concerning Interrogation of a Suspect Prepared by the Prosecutor

The investigator’s testimony system, which has not been actively used since its introduction through the revised Criminal Procedure Act in 2007, has been expected as the only means to present the accused's statements to the court as the admissibility of a protocol concerning interrogation of a criminal suspect prepared by prosecutor was limited in the 2020 revised Criminal Procedure Act. However, the court does not easily recognize the admissibility of the investigator's testimony while strictly evaluating the particularly reliable state. As the admissibility of a protocol prepared by prosecutor has been restricted, the incentive for defendants to retract their statements has increased during the trial process, even though the criminal confessed to the crime at the investigative agency. Recently, the investigation process has become more human rights-friendly, reducing concerns about illegal investigations. Furthermore, when the accused’s statement during the investigation differs from the statement made in court, it is necessary to consider the investigative statement as evidence in order to facilitate the comparison and review of both statements. The investigator’s testimony system should be improved in a way that recognizes the admissibility of the investigator's testimony more broadly by judging the particularly reliable state separately from factors related to probative power. Through this, we will be able to get closer to the ultimate purpose of criminal procedure, which is the discovery of substantial truth.