형사절차에서 피해자의 정보제공에 관한 연구

Abstract

In the criminal justice procedure, 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. Furthermore, information provision rights is not only a prerequisite for the criminal victim, who is in a passive orientated position, to effectively defend himself, but also becomes a starting point for the victim to take on an active position role by directly participating in the criminal procedure. These information provision rights is the most basic right of all various rights of the victim. 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. In this regards, this research attempts to provide appropriate methods to strengthen information provision policies which are in line with Korea’s criminal justice system in order to enable criminal victims to express their right and gain during the criminal procedure as well as re-establish legal grounds, especially suggests the problems and development methods. Especially, 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.