범죄피해자 국선변호인 제도 활성화 방안에 관한 연구

Abstract

Criminal justice procedures have historically been centered on punishment for crimes, and proof and defense of crimes have been key. The ideology of the Criminal Procedure Act, which is the principle of discovery of substantive truth, proper procedure, and prompt trial, was also established in this dimension. However, as the interest in criminal law expanded to the area of recovering criminal damage, many academic theories and legislation for this came to fruition. The need for social support for crime victims is also gaining a lot of support from the international community. The UN adopted the SDGs and suggested equal access to justice as one of the international community's efforts, and recently, “The Kyoto Congress” emphasized the need for compensation and compensation beyond the victim's participation in criminal justice procedures. Legal assistance and assistance from lawyers are essential to enable crime victims to recover to their daily lives. Currently, Korea guarantees this right to victims of crime under a special law. However, the reality is that support for crime victims is insufficient because the types of crimes that can be assisted by lawyers are limited. Therefore, there is a need to expand the scope of crime victims to use the public defender system. Currently, the system stipulated only in the special law should be stipulated in the Criminal Procedure Act, a general corporation, and there should also be legislation for the elderly who are socially vulnerable. In addition, from the beginning of the criminal damage, the effectiveness of the recovery of the damage should be secured with the assistance of a lawyer. In addition, it is necessary to clearly define the role of public defenders who have suffered criminal damage and prepare a plan that enables legal support from the investigation stage to the process of receiving damages. In order to guarantee the defendant's right to defend, the Korean Criminal Procedure Act recognizes various rights and operates a system. If so, it is appropriate to provide the same level of support to victims who have been victimized by the accused. Anyone can unintentionally become a victim of a crime, and the cause of the crime is also in the social environment. If so, the state is obligated to establish a social system so that the daily life, which has been painful due to criminal damage, can be restored to the time before the damage situation. In addition, the prerequisite of such a system is to be able to receive assistance from public defenders.