개정 형사소송법상 범죄피해자보호 규정에 관한 소고

Abstract

It is a matter of fact that criminal victims under the conventional criminal justice system have been recognized both as the objects of means for discovery and those who must cooperate with the investigation agency to help a roundup of criminals, that is, those subject to collection of materials of investigation. For this reason, victims have been neglected from criminal procedure, and their recovery from damage has been slow in progress. Furthermore, criminal victims suffer from criminal victimization itself and bear additional mental anguish due to unconcern of those who are working in criminal justice agencies. Therefore the revised Criminal Procedure Act, in consideration of the said points, includes several systems to consolidate the rights of defense for suspects and the accused such as counsel's participation in interrogation of suspects, discovery, oral argument, principle of concentrated hearing, change of court structure, etc. On the other hand, functions of the identification of substantial facts have been consolidated such as investigation of video recording, reasonable arrangement of the evidence law system including diversified means to prove establishment of a petition of a protocol, preparation of an interrogatory for a suspect before arrest, video recording of the procedure in a public trial, etc. Moreover, it seems that a sense of proportion is not lost, for example, reflection of people's legal emotion, seeking for measures against misuse of financial application to be extended entirely, in consideration of significance of the case at judgment of the reason for arrest etc. Thus this study attempts to look into changes in terms of promotion of participation in criminal procedure, consolidation of the right to provide information for victims, and prevention of secondary victimization, and to compare their meanings and limitations with foreign laws on protection of criminal victims with respect to the criminal victims protection regulations that the revised Criminal Procedure Act includes, as institutional reform to positively cope with international human rights standards and periodical changes.