기소절차와 시민참여 방안

Abstract

Recently, many people have doubt, whether the prosecutorial power has been properly exercised. It seems that the dissatisfaction of people with the abuse of prosecutors’ power is day by day increasing. The checking system over the prosecutorial process, for example,application for judicial review on non indictment (quasi prosecution), reviewing committee on non indictment has worked, but it is not sufficient for the control over the improper exercise of prosecutorial power. Therefore, as the alternative of the existing control system,we give attention to the civil participation in the prosecutorial procedure. The civil participation in the criminal process is important in two ways, in the first place the fair exercise of prosecutorial power can be guaranteed, and secondly the self management of their own things can be realized. The good examples of civil participation in the prosecution are the gran jury system in the U.S. and the Reviewing Committee on Prosecution in Japan. With the recent introduction of civil participation in the criminal trials in Korea, many people have interest in the civil control and participation in the criminal procedure. In Korea, the civil committee on prosecution was introduced in the prosecutorial office last year and three reform bills for the introduction of civil control system were submitted to the legislature. In these kinds of attempts at the control over the prosecutorial power through the civil participation, two new systems should be considered. The first one is the post civil reviewing system on the non indictment, and we can make a model of the Reviewing Committee on Prosecution in Japan. The second one is the pre civil reviewing committee on the prosecution after the model of the grand jury system in the U.S. and this system can contribute to prevent improper prosecution and the evasion or delay of prosecution.