수사기관이 수사경과 등을 작성,보존하고 있는 문서를 증거개시의 대상으로 한 일본 최고재판소 판결에 대하여 = About the Japanese Supreme Court verdict with subject of the evidence initiation the documents that investigative agency records and preserve investigative progress and etc

다국어 초록 (Multilingual Abstract)

The Japanese investigative agency has duties to record and preserve the investigative procedures of cases in charge. And the Japanese supreme court judged, in examining evidence of investigative circumstances in the procedure in a public trial, the documents recorded and preserved by investigative agency are objects of the evidence initiation. The recording of the investigative agency disclosed in this verdict became the application basis of the principle of exclusion of evidence collected illegally and a defendant was given a verdict of not guilty. This verdict of the Japanese Supreme Court carries out the function of guaranteeing the defense right of a defendant and investigation by legal process. A difference is as follows if this verdict of the Japanese Supreme Court is looked at compared with the law of criminal suit in Korea. According to the criminal procedure act in Korea, the investigative agency bears the obligation which has to record the place, where it investigates the suspect or the witness year, beginning and stop time, and etc. at the record of criminal investigation or the separate document. Therefore process that the investigative agency investigate suspects or witnesses is recorded and preserved about a details, and suspects or witnesses can ask to read and copy that. But for the arrest or the seizure of a suspect, the obligation as above is not born. Therefore, even if an arrest or the seizure in which a defendant or a counsel doesn``t have the legitimate requisite with, and the opinion that there is no admissibility of evidence since being evidences obtained by an illegality procedure is made, the its proof is not easy. It thinks that it is needed to legalize the legislation of the content like Japan in order to realize ideologies which the law of criminal suit pursues more concretely.