Does It Matter Who Wrote It?: The Admissibility of Suspect Interrogation Record Written by Prosecutors1) in Korea

Abstract

The role of prosecutors in Korean criminal system has been changing very rapidly. The vast amount of discretion in terms of enforcing laws has not only been reserved for judges but prosecutors as well. As enforcers of justice, prosecutors had long enjoyed corroborative kinship with judges rather

than having productive tension with them. The very existence of Suspect Interrogation Record had been one of the tokens proving the friendly relationship between judges and prosecutors. Suspect Interrogation Record is a fruit of the interrogation. At the end of the interrogation, the suspect is supposed to sign on a paper written by the interrogating authority. With the help of Suspect Interrogation Record, prosecutors have had easy time getting convictions. As the dynamics between judges and prosecutors changes, the Record does not have the strong presence in Korean criminal trials anymore. This article endeavors the issue of the changing dynamics centering around Suspect

Interrogation Record to see how the discussion the Record has evolved over the years.