영국의 가석방절차 및 피해자 참여권 보장의 시사점

Abstract

The characteristic of the UK Parole Board procedure is that it strongly guarantees the rights and participation of victims. Accordingly, the victim makes a statement on the impact of the crime during the parole process, and asks for conditions such as prohibition of access to parole. In proceeding with such procedures, various types of support are also received, including the help of the victim's applicant. Furthermore, since the victim is not a party to parole, he/she cannot directly request a retrial of the decision, but if there is a certain reason, he/she may object to the decision to release the parole. In addition, a closed parole review may be observed, and in certain cases, a public parole review may be requested. Meanwhile, in the UK parole process, inmates can actively state their opinions during oral hearings, receive legal support from lawyers, and request a retrial of the decision to refuse parole. As such, the UK's parole procedure has changed in the direction of protecting the rights of inmates and ensuring fairness and transparency of the parole screening procedure. The Parole Board in the United Kingdom is an independent non-governmental public enforcement agency that plays a government role and cannot be seen as a judicial institution, but it can be seen as a court-like institution that performs corresponding procedures. Therefore, through the characteristics of the procedure guarantee for inmates and victims in the UK's parole procedure, the results and implications of supplementing the judicial function of the parole board, the function of parole as a restorative judicial law, and raising awareness of the parole system through the guarantee of victims' procedures can be found.