형사사법절차에서 피해자재판절차진술권의 제 문제와 개선방안

Abstract

Due to notification issues during the investigation stage, it is difficult for victims to exercise their right to testify, and in the procedure for filing an objection to the police’s decision not to forward the case, the complainant is excluded, leading to the infringement of victims' rights in cases of sexual violence or abuse involving children or people with disabilities. The Criminal Procedure Act does not contain general provisions regarding the right of victims, such as complainants, to request evidence preservation. There is also no provision in the Criminal Procedure Act for notifying victims of the date of the pre-detention suspect interrogation. The pre-detention suspect interrogation procedure only includes provisions for the attendance of the victim's lawyer and the right to express opinions. Despite the consideration of the risk of harm to the victim in cases of release on bail, the procedure for reviewing the validity of detention does not include a provision for confirming the victim's intention. Even if a summary trial proceeds to a formal trial, the victim is not notified. Legislative attempts have been made regarding the right to access and copy records, but these have not been successful. When a defendant requests a jury trial, there is no regulation for notifying the victim or confirming the victim's intention. In the trial process, the victim's right to express opinions according to the Criminal Procedure Rules does not include provisions for protecting the victim, such as non-disclosure or the exclusion of the defendant. There is no explicit regulation ensuring notification and the opportunity to express opinions in bail procedures. There is also no explicit regulation regarding the procedure for confirming the victim's opinion in the case of a surprise deposit. To substantiate the victim’s right to testify in the criminal justice process, it is necessary to establish general provisions in the Criminal Procedure Act defining the concept of the victim and establishing the victim's legal status. Furthermore, it is necessary to establish general provisions regarding the criteria, qualifications, and procedures for appointing court-appointed counsel for victims, and to legislate a system for victim participation in criminal proceedings.