형사피해자와 범죄피해자의 구별필요성

Abstract

The legal terms used by the Constitution and laws should have legal effect that distinguishes them from other concepts. However, various terms are used in various systems for the protection of crime victims and the laws on which they are based. Examples include crime victims, criminal victims, a victims of a crime, non-victims, and victim .
 Here is tried to examine how these concepts are used in cases decided by the Constitutional Court in relation to crime victims so far, and whether legal concepts can be distinguished based on this.
 First of all, it was premised that the characteristics of the Crime Victim Protection Act and the Criminal Procedure Act were different to guarantee the basic rights of crime victims. In other words, the Criminal Victim Protection Act believes that even if various systems are reorganized for crime victims to be involved in criminal procedures, it cannot be a direct criminal victim's right to participate in criminal procedures. Therefore, the Crime Victim Protection Act is a protection-oriented law in which the state intervenes in the entire process of recovering damage from the occurrence of criminal damage, including criminal procedures, and the Criminal Procedure Act is the basis for the rights of criminal victims.
 Next, the summary of the terms is as follows. First of all, criminal victims, defined by the Constitution as the subject of the right to state trial procedures, are limited to the subject of rights and obligations in criminal procedures and direct victims of crimes. As a result, the term victim under the Criminal Procedure Act was deleted and a plan was proposed to unify it by replacing it with a victim of a crime. In addition, crime victims were considered to include not only direct victims of crime (criminal victims) and spouses, immediate relatives and siblings, but also those affected by crime damage prevention and crime victim rescue activities according to the definition of the Crime Victim Protection Act. In addition, I would like to propose that all victims, including those other than the term non-victim as a complainant under the Criminal Procedure Act and those other than criminal victims (defined as victims of crimes under the current law), be unified as non-victims. As a result, in the Criminal Procedure Act, victims, etc. will be able to organize legal statements by simply listing them as “criminal victims and not-victims” without any additional regulations or explanations.