영상녹화조사물의 지위 회복을 위한 소고

Abstract

The video recording investigation, which began with the digital revolution as an innovation in documentary culture, brought present and former Defendant together in one court and made it possible to savor their statements. The separation of prosecution and trial adopted by the modern criminal law had the side effect of increasing the difficulty of discovering the substantive truth due to the time lag, but video recording investigations that maintain the freshness of statements like a refrigerator help overcome this. It is a gift brought by the development of science and technology. However, the reality of our law has fallen into the dogma of trials that have settled for the past, and has deprived the admissibility of evidence of video recording investigations through legislation and interpretation. It is regrettable that there has been a lack of consideration about whether it is possible to deprive certain types of evidence of the admissibility of evidence through legislation and whether the reasons are reasonable. The national punishment power, which is a means of realizing the rule of law, must be exercised correctly, appropriately, and impartially, which is a constitutional requirement. In particular, the power to punish as a judiciary must be fair and appear fair. To this end, all evidence, which is the data for finding the facts, must be allowed to enter the courtroom if it meets the general requirements for admissibility of evidence without being biased. Advanced criminal justice systems such as the UK, the US, Germany, and Japan all operate criminal justice systems with the possibility of using evidence open, and this is a global standard. In practice, video recordings such as CCTV and black boxes are recognized as evidence, and transcripts, which are hearsay evidence, are also recognized as evidence if they fall under the exception of the hearsay rule. There is no reason to treat it differently as a video recording investigation. Prohibiting the use of this certificate on the grounds that it is a video recording investigation is unconstitutional as it hinders the correct and fair exercise of The national punishment power. The speed of change in the world is dazzling. In order to prevent criminal justice from becoming an obstacle in a rapidly changing society, the status of video recording investigations must be restored as evidence. We should not be buried in exhausting debates anymore, but respond in time to new crimes emerging in a rapidly changing environment and crimes that are increasingly becoming more intelligent, organized, and internationalized. Now is the time for each of us to use our creativity for an effective future criminal justice system.