법조 2026년 6월호

형사소송법 제312조의 문제점과 개선방안 - 201 - "necessary evil." Yet current case law has effectively eliminated any means of introducing such statements at trial. Accomplices remain exposed to inducement and intimidation up until the moment of courtroom testimony, and the limits of human memory together with time constraints make it difficult for trial testimony to fully substitute for investigative statements. Neither investigator testimony nor the evidence preservation procedure offers a viable alternative, given their restrictive requirements and operational limitations. Against this backdrop, this article argues that an accomplice's interrogation record should be admitted under the same conditions as Article 312(4)— authentication of genuineness, guaranteed opportunity for cross-examination, and circumstantial guarantees of trustworthiness. On a more fundamental level, to overcome longstanding controversies arising from the conventional practice of summarizing and editing declarants' statements, this article proposes that all investigative questioning be video-recorded and that a verbatim transcript be produced via speech-to-text (STT) technology. Evidentiary examination would proceed on the basis of the transcript, with the relevant portion of the video played back only when the defendant raises an objection. This approach would overcome the limitations of conventional interrogation records, ensure investigative transparency, and address concerns about theatrical trials and judicial prejudice, striking an appropriate balance between trial-centered adjudication and the discovery of substantive truth.

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