특집 : 형사법 특집 ; 검증조서의 소송절차상 문제점과 그 개선점의 판단기준
분야
사회과학 > 법학
저자
이찬엽 ( Chan Yeub Lee )
발행기관
건국대학교 법학연구소
간행물정보
일감법학 2012년, 제23권 121~151페이지(총31페이지)
파일형식
2t400282.pdf [무료 PDF 뷰어 다운로드]
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    영문초록
    Report on admissibility of evidence is relation to admissibility of evidence in criminal procedure. There are two sorts report on admissibility of evidence. The article 311 and 312.(6) the code of criminal procedure is different from the main body in drawing up. The article 311 the code of criminal procedure prepared by a court of justice. The article 312.(6) the code of criminal procedure prepared by investigation agency. Both parties in admissibility of evidence is discrepancy in legalistic ability. Report on admissibility of evidence in court of justice accept admissibility of evidence automatically. But report on admissibility of evidence in investigation agency accept after adequacy of uniform requirements. Adequacy of uniform requirements is a strict rule. The effect of the strict controls was serviceable in criminal procedure to what was expected. Report on admissibility of evidence by due process of law and conforming to the usage is possible. In addition, What it truly in establishing accept admissibility of evidence. And then, There are so many issues surrounding that both site investigation report and report on admissibility of evidence are equivalent in character. There is same essence between the two. site investigation report. Thus, we must apply to the article 312.(6) the code of criminal procedure. It is demanding that all site investigation report should be take an objective view. If It is to follow the rules of poor treatment, admissibility of evidence will be disappear into thin air.
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