It is defined that digital evidence is all valuable information as evidence that is preserved and delivered in digital form, the salient traits of its character is independent from a storage, invisible, unreadable etc., it must be solved authenticity, reliability, best evidence for the purpose of its admissibility.In our criminal procedure law, the evidence is classified into two types, statements and objects, objects as evidence are composed of documents and things, it could be included statements by a person or not in documents as evidence. In essence digital evidence is regarded as documents evidence so hearsay-rule is applicable to it.To acquire admissibility of digital evidence made by a person it is important that the person acknowledges his digitals documents produced by him-self according to the criminal procedure law art. 313① in a court but the opinion that only the acknowledgement by a writer can give admissibility of digital evidence is very dangerous in criminal procedure because it may make valuable evidences useless things.In the revised criminal procedure law new solution is imposed in it. Even though a person deny its contents in a report said by him-self for example “I didn’t talk like that in a report”, prosecutor could prove that a report made by a investigator is credible and exact in the objective way including recording video-tape etc., the admissibility of a report evidence can be achieved recognition.This revised purpose must be regraded as a new basis in evidence law totally, even if a person deny his digital document made by him-self for example “I didn't make digital document like that”, prosecutor could prove that a digital document is made by him-self in the objective way including analysis meta-data etc., “it is you who made this digital document”, the admissibility of a digital document evidence could be achieved recognition. if to prove who made a digital document evidence end in failure, its admissibility have to be reviewed again according to criminal procedure law art. 315, valuable digital evidence must not go into the dumper easily.Anyone talking about evidence in criminal procedure cannot help but mention digital information that is essential in it by progress of scientific technology.Much to our regret, there is not at all rule for the purpose of admissibility of digital evidence in present criminal procedure law, as a result many opinions and judicial decisions consider requisites of admissibility of digital document as one of admissibility of non-digital document but an intrinsic attribute of digital evidence is profoundly different from one of traditional evidence.Ultimately I think that criminal procedure law must be revised referring to foreign country’ law to acquire admissibility of digital evidence although a person deny a digital document that is made by him-self, if prosecutor could be successful in pr○○f, “it is written by him-self”, in other words witness or suspect, the digital evidence shall be useful.I wish to be collected g○○d thoughts to prevent that valuable digital evidence may be discharged by only one statement of a wicked-person.

According to the development of computer, many people recently record their statements with computer. Therefore new issue about the admissibility of the statements recorded in computer file floats on the legal horizon. From the viewpoint of the anglo-american hearsay rule, this issue could be easily cleared by the rule and exception. In principle, hearsay rule say that out of court statements be inadmissible for the evidence of the truthfulness of the contents of the statements and call this out of court statements hearsay. Hearsay rule focuses on the statements, not the method by which this statements are recorded or transferred. As the result, the out of court statements recorded in computer file are hearsay when they are given as evidence for the truthfulness of the contents of the statements But hearsay rule know many exceptions which make the out of court statements admissible. At first, hearsay statements by the defendant are admissible as a exception of hearsay rule. Secondly, hearsay statements by the third party are admissible when there is necessity and guarantee of trustworthiness. There are many categories and general exceptions which represent this necessity and guarantee of trustworthiness. On the other hand, there is another point for the admissibility of the evidence. It is the authentication. Authentication can be given by many methods, as example, by testimony of the declarant, by the testimony of the third party who knows the evidence or other objective materials. From this point of view, we can consider § 313① and § 315 possible clauses for the admissibility of private statements in computer file. At first, § 313① require the authentication be made by the declarant's oral testimony. The Court says that this testimony is the one in which the declarant admit the statements to be made by himself. According to the explanation, the admissibility is decided only by the declarant's subjective admission. This result is unreasonable because the issue of admissibility should be decided by the objective facts. Therefore the testimony of the declarant in § 313① should be construed as all the statements in court and the authentication be decided by all the statements of the declarant in court objectively considered with other facts and materials. And § 315. 3. provides general clause of guarantee of trustworthiness as exception of hearsay rule. This guarantee of trustworthiness as a condition for admissibility is relatively lower level of reliability than the reliability for the selection from the admissible evidences for trusting the facts asserted. The selection from the admissible evidences is for the fact finder, for example, trial jury. not for the leader of the procedure. But in the Court' decision, the Court seems to be unable to distinguish this guarantee of trustworthiness as a condition for admissibility from the issue of selection from the admissible evidences for trusting the facts asserted. So the Court's decision is inappropriate and the statements recorded in computer file should have been admitted.

According to the development of computer, many people recently record their statements with computer. Therefore new issue about the admissibility of the statements recorded in computer file floats on the legal horizon. From the viewpoint of the anglo-american hearsay rule, this issue could be easily cleared by the rule and exception. In principle, hearsay rule say that out of court statements be inadmissible for the evidence of the truthfulness of the contents of the statements and call this out of court statements hearsay. Hearsay rule focuses on the statements, not the method by which this statements are recorded or transferred. As the result, the out of court statements recorded in computer file are hearsay when they are given as evidence for the truthfulness of the contents of the statements But hearsay rule know many exceptions which make the out of court statements admissible. At first, hearsay statements by the defendant are admissible as a exception of hearsay rule. Secondly, hearsay statements by the third party are admissible when there is necessity and guarantee of trustworthiness. There are many categories and general exceptions which represent this necessity and guarantee of trustworthiness. On the other hand, there is another point for the admissibility of the evidence. It is the authentication. Authentication can be given by many methods, as example, by testimony of the declarant, by the testimony of the third party who knows the evidence or other objective materials. From this point of view, we can consider § 313① and § 315 possible clauses for the admissibility of private statements in computer file. At first, § 313① require the authentication be made by the declarant's oral testimony. The Court says that this testimony is the one in which the declarant admit the statements to be made by himself. According to the explanation, the admissibility is decided only by the declarant's subjective admission. This result is unreasonable because the issue of admissibility should be decided by the objective facts. Therefore the testimony of the declarant in § 313① should be construed as all the statements in court and the authentication be decided by all the statements of the declarant in court objectively considered with other facts and materials. And § 315. 3. provides general clause of guarantee of trustworthiness as exception of hearsay rule. This guarantee of trustworthiness as a condition for admissibility is relatively lower level of reliability than the reliability for the selection from the admissible evidences for trusting the facts asserted. The selection from the admissible evidences is for the fact finder, for example, trial jury. not for the leader of the procedure. But in the Court' decision, the Court seems to be unable to distinguish this guarantee of trustworthiness as a condition for admissibility from the issue of selection from the admissible evidences for trusting the facts asserted. So the Court's decision is inappropriate and the statements recorded in computer file should have been admitted.