The Constitutional Court stated on the 10th that even if a witness in the impeachment trial of President Yoon Suk-yeol denies the contents of the prosecution's record during the interrogation process, the court can use that record as evidence. The current Criminal Procedure Act stipulates that evidence such as prosecution records is not recognized if the party denies it in court. However, the position of the Constitutional Court is that constitutional trials are different from criminal trials, and that "the court can assess the credibility of the evidence."
Chun Jae-hyun, the court spokesperson, responded to a reporter's question during a briefing held at the Constitutional Court in Jongno-gu, Seoul, regarding whether the court maintains the stance from the impeachment trial of former President Park Geun-hye, which was before the 2020 amendment of the Criminal Procedure Act, where if a co-conspirator denies statements made to investigative agencies, those statements cannot be used as evidence. "Yes," he answered.
With the amendment of the Criminal Procedure Act in 2020, the records prepared by the prosecution regarding the interrogation of suspects are limited in their evidential value if the defendant denies the contents of the records in court.
However, spokesperson Chun stated in relation to this, "Constitutional trials are not criminal trials, and their nature is different." Chun also noted, "Article 40, paragraph 1 of the Constitutional Court Act explicitly states that the Criminal Procedure Act is to be applied as long as it does not contradict the nature of constitutional trials."
In response to a reporter's question regarding whether the court would rely on either the testimony or the contents of the suspect interrogation records, as most witnesses in the impeachment trial of President Yoon are defendants under arrest, Chun stated, "The credibility of the testimony is a matter for the court to decide."
Some witnesses who previously appeared in the impeachment trial of President Yoon made claims that contradicted the contents of the prosecution's indictment or the interrogation records during the questioning process. However, the court has adopted their suspect interrogation records as evidence.
President Yoon's side is pushing back against this. The president's legal team asserted in a statement on that day, "Due to the 2020 amendment of the Criminal Procedure Act, even if the records of suspects prepared by the prosecution are denied in court, they cannot be deemed admissible as evidence," and added, "Moreover, relaxing the strengthened evidential rules to previous precedents is a regressive decision that runs counter to the flow of human rights protection."
Spokesperson Chun also mentioned that when reporters asked whether additional dates for the impeachment trial of President Yoon were scheduled, "There have been no updates received so far."
To date, the Constitutional Court has held a total of six sessions for the impeachment trial of President Yoon on Jan. 14, Jan. 16, Jan. 21, Jan. 23, Feb. 4, and Feb. 6. Based on today's date, the remaining trial dates are tomorrow, the 11th (7th session), and the 13th (8th session).
The 7th trial session, scheduled to begin at 10 a.m. on the 11th, will conduct witness interrogation for ▲ Minister Lee Sang-min ▲ National Security Director Shinwon ▲ former Deputy Director Baek Jong-wook ▲ Secretary-General Kim Yong-bin of the Central Election Commission. The 8th trial session, taking place at 10 a.m. on the 13th, will include witness interrogation for ▲ National Intelligence Service Director Cho Tae-yong ▲ former Seoul Police Agency Chief Kim Bong-sik ▲ Commissioner Jo Ji-ho of the Korean National Police Agency ▲ Captain Jo Sung-hyun of the Capital Defense Command.
The Constitutional Court has not yet set any further trial schedules. If no additional dates are designated, the impeachment trial of President Yoon will conclude with the 8th session. In this case, it is anticipated that the court could deliver a ruling on this matter in March.
Meanwhile, spokesperson Chun stated regarding the attendance of Jo Ji-ho, the Commissioner of the Korean National Police Agency, scheduled for witness interrogation during the 8th trial session on the 13th, "As of now, no separate notices of absence have been received." Previously, Commissioner Jo did not attend the witness interrogation on the 23rd of last month, citing health issues.