형사절차에서 범죄피해자 지위의 재정립

Abstract

This paper begins with the question of why the participation of crime victims is necessary in criminal proceedings. Is a procedure that excludes the victim fair? Does the criminal responsibility borne by the defendant realize justice? To answer these questions, a paradigm shift and a reinterpretation of the position of crime victims are needed. First, the paper addresses the fundamental question of why it is essential to find the position of crime victims in criminal proceedings. In the process of answering this question, the concept of restorative justice is introduced. Historically, the legitimacy of state punishment was established by excluding private vengeance. Therefore, a mechanism focused on resolving issues between the parties might be seen as a regression to the era of revenge, posing a potential threat to the carefully constructed criminal justice system. This perspective has led to distortions in the understanding of restorative justice. The paper seeks to correct these distortions by introducing the basic principles necessary for applying restorative justice within the judicial sphere. Finally, it returns to the initial question, finding an answer to why the participation of victims in criminal procedures is essential. It emphasizes the need to consider the various perspectives and positions of those affected by the crime, recognizing the impact on their lives. The paper suggests that we seek answers together regarding the scope of criminal law and the realization of justice.