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초록· 키워드
Alibi(the absence of the crime scene) is the claim(defense) of defendant that he or she was in other place(except crime scene) at the time of crimel. That means the defendant could not be guilty physically. Alibi deny the dentity of the criminal and the defendant and not guilty will be sentenced. So Alibi is very strong defense for the defendant and is very important information for procecutor as well.
In the legal aspects of criminal evidence, if Alibi is proved, absence of the crime is estimated. So, alibi is indirect fact. And Alibi evidence will be submitted for negate inspector’s evidence for proving indictment fact. So It is disproof.
In case of alibi claim is submitted, prosecutor can demand defendant to discover the evidence. And, when defendant prove alibi almost, judge must deny modification request of an indictment.
Discussion about Responsibility for alibi proof is divided into defendant’s responsibility and prosecutor’s responsibility.
Defendant is responsible for submission of evidence and witnesses to prove an alibi, so that is just a ‘charge of proof.
So insufficient proof of alibi does not used as indirect evidence to acknowledge that the defendant is criminal should not be allowed.
There’s opinion that alibi require strict proof, but them, Rights of the defendant will be blocked. About the degree of alibi proof, some opinion insist that defendant must prove t the existence of an alibi beyond reasonable doubt. But burden of alibi proof is just ‘charge of proof’ for defendant. So, It’s enough defendant can make judge have a reasonable suspicion about defendant’s presence in criminal scene.
The judgement of guilty must explain about why alibi claim is denied, because alibi is main issue of trial. Even if alibi is not proved by defendant, it should not be regarded as the basis of the conviction.
In the legal aspects of criminal evidence, if Alibi is proved, absence of the crime is estimated. So, alibi is indirect fact. And Alibi evidence will be submitted for negate inspector’s evidence for proving indictment fact. So It is disproof.
In case of alibi claim is submitted, prosecutor can demand defendant to discover the evidence. And, when defendant prove alibi almost, judge must deny modification request of an indictment.
Discussion about Responsibility for alibi proof is divided into defendant’s responsibility and prosecutor’s responsibility.
Defendant is responsible for submission of evidence and witnesses to prove an alibi, so that is just a ‘charge of proof.
So insufficient proof of alibi does not used as indirect evidence to acknowledge that the defendant is criminal should not be allowed.
There’s opinion that alibi require strict proof, but them, Rights of the defendant will be blocked. About the degree of alibi proof, some opinion insist that defendant must prove t the existence of an alibi beyond reasonable doubt. But burden of alibi proof is just ‘charge of proof’ for defendant. So, It’s enough defendant can make judge have a reasonable suspicion about defendant’s presence in criminal scene.
The judgement of guilty must explain about why alibi claim is denied, because alibi is main issue of trial. Even if alibi is not proved by defendant, it should not be regarded as the basis of the conviction.
#알리바이
#간접증거
#반증
#탄핵증거
#입증책임
#입증의 부담
#엄격한 증명
#alibi(the absence of the crime scene)
#burden of proof
#indirect evidence
#reasonable doubt
#impeachment
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목차
- 국문초록
- Ⅰ. 서론
- Ⅱ. 알리바이의 증거법적 성격
- Ⅲ. 알리바이의 입증책임
- Ⅳ. 알리바이의 입증 방법과 입증 정도
- Ⅴ. 관련문제
- Ⅵ. 결론
- 참고문헌
- Abstract
참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2014-300-003057229
