수사기관의 범죄피해자 정보제공제도 발전방안

Abstract

In the investigation agency, information provision is not only a prerequisite which enables the victim to secure his rights by receiving sufficient information on the progress of the case, but also is a necessary condition which enables the victim,within a certain range, to appropriately exercise his criminal procedure participation rights at the right time. Being provided with information on the inflictor enables the victim to overcome the shock of the damage relating to the case, and helps the victim to release abstract and specific anxieties of the crime. It is the basic right of the criminal victim, a method to maintain the victim’s trust in the criminal justice system, and a necessary condition to secure the victim’s position and rights for criminal procedure purposes. Our country has constructed and operated a criminal and judicial information system to interface the whole processes in criminal procedures with criminal and judicial agents including police, the prosecution, court and Ministry of Justice with an integrated database in the cyber network for all the processes of criminal procedures including investigations, judgments and punishment enforcement among others through a criminal and judicial portal (Korea Information System of Criminal Justice Service: KICS). Information on offenders has also been provided to criminal victims by the criminal and judicial information system. Information has been provided to victims respectively by police for cases whose investigation is done by police under the prosecutor’s instruction and by the prosecutor for cases whose investigation is directly done by the prosecutor. to the legal foundations on the information providing when any criminal victimization is first dealt with. Problems exist in providing information on offenders if there is no strong intention or interest by victims or prosecutors because no automated system has been constructed after the stage of police. In addition, offenders are protected on the basis of privacy or personal information protection, while most of the criminal victims are having difficulties in acquiring information on offenders due to the lack of knowledge or information on the laws and their shocks from their criminal damage. In fact, investigation agencies playing the most important role where victims first have a contact since a case showed in a survey on actual situations for the information providing to criminal victims that they have not sufficiently inform victims of information on offenders, which demonstrates the importance of information providing in an attempt for plans to support victims. Accordingly, specific regulations regarding the range of information to be provided to the victim and the method of information provision need to be established,as well as identification of what type of information each individual victim wants and take action accordingly. In the criminal procedure, although not at the same level of procedural rights of the defendant, there is a need to strengthen information provision in order to expand the participation opportunities for the victim by state his own rights and gains during the procedure. This essay suggests plans for the advanced guidelines and systems on the information providing to re-establish legal foundations and strengthen rights for victims as well as plans to reinforce the information providing system in line with the criminal and judicial administration in our country for the purpose of rights and interests for criminal victims in investigation agencies.