自白排際의 法理 : The Exclusion of Anti-Due process of Law = CONFESSION IN THE LEGAL PRINCIPLES

다국어 초록 (Multilingual Abstract)

The Confession in judicial procedures is highly regarded, and for this reason many and various ways are employed in order to obtain it, some methods unfortunately infringing on human rights.
There are certain problems involved in how to set the law in regards to the infringement of this right.
There is currently a debate on the interpretation of the Legal Principles. This has gone through a process of change in the United States, the original source of this law.
It is time to accept this progressive change as it is evident in the United States in the case of Confession in McNabb and Mellory. The Confession should be in accordance with the due process of law with accompanying evidence without regards of the Voluntary Confession as contained the Constitution Article 10 F, and Article 309 in the Code of the Criminal Procedures.

목차 (Table of Contents)

• 一. 序
• 二. 自由排除法理의 變遷 - 美國을 中心으로 -
• 三. 自由排除에 關한 見解와 批判
• 四. 憲法 第10條6項 및 刑訴法 第309 條 檢討
• 1. 法理
• 2. 分析, 檢討
• 五. 結語