ED Boosting rights of suspects

Interrogation records will have limits as evidence

Interrogation records written by a prosecutor can no longer be used as evidence of guilt in court as of Jan. 1 ― under the revised Criminal Procedure Act ― unless the suspect admits to their veracity. This represents one of the biggest changes yet to the country's criminal procedure since the law was enacted in 1954.

Previously, such records were recognized as evidence even if the defendant argued at trial that the interrogation was not written accurately or legitimately based on their statements. However, the records can now be used as evidence only when the defendant or the defendant's lawyer agrees to this.

The revision is intended to boost the rights of suspects by improving coercive investigative practices heavily dependent on confessions. Considering that there have been many human rights abuses resulting from oppressive investigations by law enforcement agencies, including the prosecution, this is surely a step forward.

However, there is a growing fear that the prosecution might be less capable in prosecuting crimes because what it unearths during questioning may be considered useless if a suspect denies making these “found” statements in court. This is all the more so in corruption cases, including fraud, in which testimony counts for much. In such circumstances the judicial proceedings will be prolonged, resulting in victims of crimes and witnesses struggling with frequent court appearances amid soaring legal fees. Especially in sexual assault cases, victims could feel greater pain owing to secondary damage.

To prevent these side effects, law enforcement agencies should strengthen their capabilities to carry out objective and scientific investigations. Needless to say, it will be difficult to draw guilty verdicts merely by resorting to a defendant's statement. What is needed ― in cases where a suspect denies the interrogation report ― is a revision to the relevant law so that video recordings of the whole interrogation process can be used as evidence. There will be an array of problems following the introduction of such a new system, so it's imperative to ensure its smooth implementation by tackling any emerging problems carefully.