In a criminal investigation, the witness statements are very important in finding the truth, because the accused usually denies his crime to avoid punishment. The problem is that, unlike the accused, there is no way to force the appearance of a witnes...
In a criminal investigation, the witness statements are very important in finding the truth, because the accused usually denies his crime to avoid punishment. The problem is that, unlike the accused, there is no way to force the appearance of a witness for an investigation nor to punish him for false statements at the investigative agency. In an increasing number of cases witnesses refuse to obey summons or make false statements in investigative procedures, partly due to an increased awareness of human rights, heightened individualism, and social leniency. The resulting failure to reveal the truth of the case leads to the nation's inability to meet its core duty of defending society against crimes and protecting victims through the prompt and proper exercise of its punitive power. Therefore there is a need to establish a system that would allow an investigative agency to force the appearance of a material witness under certain conditions to secure objective statements. More specifically, Korea’s Criminal Act and Criminal Procedure Act need to be revised to give investigative agencies the power to subpoena witnesses, where material witnesses who do not obey the order of appearance without good reason would be detained with a warrant. It is also necessary to criminalize false statements by witnesses made with the intent to help the accused receive or avoid criminal punishment. Such revision of the laws should be preceded by improvements in authoritarian and inconvenient investigative practices, and the institution of various measures to protect witnesses, including safety measures, protection of their identity and privacy, and higher budgets to pay for their costs and legal aid.