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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2020Do14843 Decided September 12, 2024 【Fraud】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 Gist of the Criminal Procedure Act that categorizes evidence into human evidence such as witnesses, documentary evidence, evidential materials, and other evidence and provides separate and specific manner of evidence investigation for each method of evidence, which, in particular, provides strict procedural provisions with respect to an evidence investigation on witnesses in a manner of “examination” Admissibility of any statement a judge listened to, without the witness oath, in an arbitrary manner by bypassing witness examination procedures that are stipulated in accordance with the procedures and method predetermined in the Criminal Procedure Act, or evidence that is a mere physical alteration thereof (digital recording file, etc.) (negative), and whether this likewise applies to a case where the defendant or his or her defense counsel consented to the procedures as implemented, or where they did not raise an ex post facto objection to the results of evidence investigation and agreed on admitting the recording file thereof as evidence (affirmative) | |
