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윤동호(Yoon Dong-Ho) 한국형사법학회 2008 刑事法硏究 Vol.20 No.1
There is the argument on the admissibility of confessions by a co-offender. The argument should be changed in the amended criminal procedure act. Because the criminal procedure act Article 312 related to the rule against hearsay was amended on Jun. 1, 2007. A right of confrontation of defendant is emphasized in Article 312 (4), namely, a protocol containing interrogation of third party other than a defendant prepared by a public prosecutor or other investigation authorities. Do a co-offender belongs to third party other than a defendant? Or do a co-offender belongs to a defendant? Can we use confession by the co-offender as the admissibility for a judgement of the other co-offender?<BR> How will be changed a argument with regard to these in the amended criminal procedure act? The purpose of this article is to answer this question.<BR> The table of contents of this article is as follows<BR> Ⅰ. Introduction<BR> Ⅱ. Essential cause of the argument and qualification of witness of co-defendant<BR> Ⅲ. In case the co-offender is prosecuted as a co-defendant<BR> Ⅳ. In case the co-offender isn"t prosecuted as a co-defendant<BR> Ⅴ. Conclusion