공범에 대한 피의자신문조서의 증거능력 소고(小考) = A Study on the Requirement of Evidential Admissibility of Protocol of a Suspect-Examination where a Statement of Accomplice is Recorded

다국어 초록 (Multilingual Abstract)

Accomplice is ``any person other than the defendant`` in Article 312 ④ of the Criminal Procedure Act, not ``the defendant`` in Article 312 ①, ③. So the protocol of a suspect-examination where a statement of accomplice is recorded may be admitted as evidence as follows. (1) when accomplice is not a co-defendant, the evidential admissibility of that protocol is judged on the basis of Article 312 ④. But (2) when accomplice is a co-defendant, the evidential admissibility of it is judged on the basis of Article 312 ③ or ④. In other words, if that protocol was drawn up by public prosecutor, the evidential admissibility of it is judged on the basis of Article 312 ④. if it was drawn up by judicial police officer, Supreme Court says, it may be admitted as evidence on the basis of Article 312 ③. The place of Supreme Court can be evaluated as the result of analogy out of consideration of the defendant`s profit. Nevertheless, we shall consider doing away with the distinction in the requirement of evidential admissibility between a protocol drawn up by public prosecutor and a protocol by judicial police officer(de lege ferenda).