형사사법절차에의 범죄피해자 참여제도실효화 방안

Abstract

It has been discussed that the Victim, excluded as bystander or the forgotten in criminal justice, could be treated the subject or could participate in the criminal justice. This phenomenon means that guarantee of human rights in crime victim, restoration of the loss, finding of substantial truths and so on are estimated as criminal policy’s change in paradigm. In Korea’s criminal justice system, to guarantee the victim’s participation in criminal process, the right of accusation, demand of judgement, the right of to be informed, victim statement of opinion are acknowledged, but the victim are still treated the object of the criminal justice, not the party of criminal justice, not a subject of criminal justice. Victim’s participation in criminal justice in U.S.A., Germany and Japan is acknowledged from police investigation, criminal trial to execution of punishment by means of Private Accusation, Conference of Prosecutor, Subsidiary Prosecution, Victim’s Participation, Victim Attorney, Victim Statement of Opinion on Probation and so on. To compare the countries’ systems mentioned above and Korea’s, victim in criminal justice system is not still enough existence as a subject in criminal process but a bystander. It is very important that conversion of awareness on victim of investigation authorities, judge, attorney, and effort of legislation for victim’s substantial participation in criminal justice. To begin with, I suggest the actual remedies for victim's participation in criminal justice. First, the right of to be informed, a basic premise for victim’s participation in criminal process, should be the compulsory statutes in all criminal justice authorities, and Criminal Procedure Law should be revised to verify contents of investigation and objects of investigation. Second, to guarantee aggressively the victim’s participation in criminal process, some institutional equipment should be ready that victim statement in independent process and written statement, statement by authorities rights, reorganization of limitations of victim statement, victim statement on suspension of execution of custody, victim statement of opinion on probation. Third, as a premise to guarantee the victim’s participation, it should be considered that all the regulations for victim’s information and affairs should be regulated in criminal procedure law. Or statement attorney vitalization and sitting with relier should be strengthen. Fourth, Victim-Offender Mediation or Criminal Reconciliation accorded with Restorative Justice should be introduced. Korean criminal justice has the restorative justice before the trial or Compensation Order, but does not explain sufficiently the effects of victim-offender mediation or criminal reconciliation. So, Criminal Procedure Law needs to be revised by means of reducing the punishments or halting the criminal process when victim-offender mediation or criminal reconciliation comes into existence. Fifth, Victim's Participation in criminal process should be introduced, reconsidering the revised bills. Victim's participation should include the indictment after demand of judgement, and revise the participation process that prosecutors are leading, and reorganize the right of victim. Sixth, victim attorney should be introduced to make the victim assisted through criminal process, and court-appointed lawyer, which is carried narrowly, should be widened in all criminal process. Seventh, object of interrogation of a witness needs to be limited to make the victim participating actively in criminal process.