형사소송법 제313조 제1항의 해석과 관련한 소고

초록

Hearsay Rule has made a fundamental of law-system of evidence of Korean Code of Criminal Procedure. But it is a question whether it is really reasonable with the Explanation of the Article 313-1 of Criminal Procedure. I compared and considerd among the definition of orthodoxy of article 313-1 of Criminal procedure Act. Even if there is fundamentally no evidence ability relating to hearsay rule, we have under some "exception" to the rule in the condition of necessity and in the circumstances of its utterance which to guarantee its trustworthiness. However, I think the Criminal Procedure Act 313-1 Item has still adverse criticism of interpretation. This paper investigates the text, clue and decision of the Supreme Court relating to the Criminal Procedure Act 313-1. Then I think that even though the Criminal Procedure Act 313 Clause is possible to use the evidence of original text, it can be a breakable regulation to distruct the directivism severely as an use of hearsay evidence for truth finding and suit economy. Therefore, I say that it is desirable to abolish the Criminal Procedure Act 313 Clause with the Criminal Procedure Act 312 Clause.

키워드