영상녹화물의 증거능력 = 법무부 형사소송법개정안을 중심으로

다국어 초록 (Multilingual Abstract)

The new revision of Criminal Procedure Code was proposed to Korean National Assembly by the Ministry of Justice on July 4, 2011. It allows that the Visual Recording can be used as a independent evidence of prosecutory authorties(Article of 312) and a peaching evidence(Article of 318 2). And it gives the right of request for the videotaping interrogaton to a suspect and a reference(Article of 244 2 (1)). This revision of the Code was regarded as appropriate because the Video Recording should be admissible in trial, in respect that it could be new evidence to protect the hunman right of a suspect and to correspond with the principle of discovering substancial truth. It was expected that the heated dabate over admissibility of the Visual Recording which argued till now, in spite of enforcing of the current Criminal Procedure Code, could be ended by proposing the revision code of the Ministry of Justice, however this revision Code was abrogated because of ending of Assembly Session. However, it is expected that the working for the amendment will be continue to make an end of this argument, so it is significant in respect this revision code became a new standard for the forward legislative object.

목차 (Table of Contents)

• Ⅰ. 서언
• Ⅱ. 법무부개정안의 주요내용
• Ⅲ. 영상녹화물의 본증화
• Ⅳ. 영상녹화물의 탄핵증거 허용
• Ⅴ. 영상녹화조사신청권
• Ⅵ. 선별적 영상녹화의 규제방안
• Ⅶ. 결언
• 【참고문헌】
• 【Abstract】