【作者】陆而启

Abstract: It should be clarified that case file transcript-centrism is not the root cause of wrongful cases, but the theory of presence can ensure that case files can be generated in a standardized and legal manner, and are used more appropriately and accurately. The theory of presence includes the fact that when the investigation file documents and transcripts are formed during the investigation stage, the investigator reproduces the crime scene and the defense lawyer are present for the first time, and when reviewing the case file transcript, the prosecution and defense are allowed to put forward cross-examination opinions on the basis of fully sharing and studying the information of the case file, and a neutral third party is introduced to fully listen to the opinions of the prosecution and defense and make appropriate judgments based on evidence and circumstances. The transcript meets the confrontation requirements and can be introduced into the trial as the basis for adjudication.

Keywords: Reconstruction of Crime Scenes; Lawyers’ Presence; Opposing Opinions; Neutral Third Party

【本文来源】동북아법연구2025, vol.19, no.2, 통권 54호 pp. 505-519 (15 pages)