尹大統領弁護団、憲法裁を批判「検察調書に依存した拙速な裁判」=韓国
President Yoon's defense team criticizes Constitutional Court for ”hasty trial that relied on prosecutorial records” (South Korea)
In the impeachment trial of South Korean President Yoon Seok-yeol, the president's camp has criticized the Constitutional Court for disregarding testimony in open court and relying on the prosecution's records to conduct the trial.
The president's lawyers released a statement on the 9th, saying, "In criminal proceedings, the interrogation records prepared by the prosecution cannot be used as evidence unless the parties agree. However, the Constitutional Court
"The evidence is being admitted because a lawyer was present during the investigation," the lawyers continued. "As a result, statements that would not be admitted as evidence in criminal proceedings are being sent to the media in advance.
"The information was leaked to Dear and reported as fact," he said, adding, "In fact, there have been cases where testimony has been overturned during witness questioning, leading to new truths coming to light."
Furthermore, even though the key witness gave testimony in court that contradicted his previous testimony, the Diet side said, "It contradicts the existing testimony, but
The court also commented that, in response to the judge's statement that "the facts can be made abundantly clear based on the investigation records," it "was unimaginable for the Constitutional Court to cite inappropriate evidence in a criminal proceeding."
He also said that the Constitutional Court prioritizes speedy hearings and conducts hasty hearings, and that "the reason the people do not trust the Constitutional Court is because
"We must not forget that there are concerns that the courts are not even following the law properly, that fair trials are not being conducted, and that some judges are politically biased."
In response, a Constitutional Court official said, "As established during the impeachment trial of former President Park Geun-hye, criminal proceedings are not allowed.
"The evidence citation rules in the Constitutional Court are not applied as is, but are applied in a relaxed manner according to the nature of the constitutional trial," he explained.
"If the legality of the proceedings is guaranteed, the admissibility of the transcripts will be recognized," she said. At the first preparatory hearing the other day, Judge Lee Mi-seon also said, "The Constitutional Court has decided that impeachment trials should be conducted in the same way as criminal trials.
"Considering that this is a constitutional trial and not a legal trial, we have relaxed the application of technical citations from the Criminal Procedure Act in impeachment trials through past precedents," he said.
Under the Criminal Procedure Law, a suspect interrogation record prepared by the prosecution can only be used as evidence in court if the defendant or his/her lawyer acknowledges it. If it is denied in court, it cannot be used.
No. However, this provision is not meant to be applied as is in constitutional courts.
2025/02/10 05:33 KST
Copyrights(C) Herald wowkorea.jp 104