형사사법에서 ‘피해자 중심’의 의미와 법정책

Abstract

There is also an expression that the victim should be understood as the center of criminal justice or that the victim is centered. The victim-centered meaning in criminal justice is to devise and policy specific methods for this, starting with reflecting on the laws and practices of not properly protecting victims and being alienated and excluded from criminal justice. Victims must be protected and respected in criminal proceedings, but this cannot be accepted as victim absolutism or victim claim truthfulness. This is because criminal proceedings are the process of discovering the truth by using and arguing various claims and evidence, and above all, our Constitution stipulates the principle of presumption of innocence and the right to a fair trial. This could be seen as a limit to protect the victim. In order to respect these constitutional limitations and actively protect the victim without just staying in the victim's personal protection, it is necessary to recognize the victim's direct right to participate as the subject. The direction should be institutionalized so that victims can sufficiently present their views and perspectives through active and free participation, such as suspects and defendants in criminal proceedings. Victim-centeredism in modern society can be understood as an attempt to subjectify the victim or the realization of the victim's direct participation right. If the victim's perspective is freely presented by participating in the communication process of criminal proceedings and as a result, it can contribute to the rationality of criminal proceedings. However, there is a limitation that it must be made to the extent that it does not inherently infringe on the defendant's right to defend.