피해자변호인제도의 도입과 실현방향 - 성폭력범죄의 처벌 등에 관한 특례법 개정안을 중심으로 -

Abstract

We amended the Criminal Procedure Code in 2007. Through the amendment the Act regulate that victim has the right to sit in company with his/her reliable person in the course of investigation by investigation authority and examination of a witness. But the Victim Counsel in order to protect victims' rights was not established. Recently the Act on special Cases concerning the Punishment of Sexual Crimes of Victims Thereof regulate that the children under the age of 13 and the disabled as one of the victim of sexual crime, have to right of legal assistance. It was suggested as a measure against an increase of sexual crime. According the Act, the state covers the cost to give the legal assistance to the victim. It is desirable that to provide the legal assistance to victim in the face of criminal procedure from the perspective of the protection of victim. And the assistance is able to contribute to the discovery of the truth, meantime it prevent the delay of the procedure, while protecting the interests of private entities Such scheme benefits both the state and the victim. All of the crime victim have to right to receive legal assistance. It is time to introduce Victim Counsel in Criminal Procedure Code. The right of counsel should be limited to protection activities. All of types of crime victim's right should be recognized equally.