범죄피해자의 형사절차 참여 강화 방안

Abstract

Despite ongoing discussions regarding the guarantee of victims' participation rights in criminal proceedings, the legal status of victims remains inadequate. Meaningful discussions on strengthening victims' participation in criminal proceedings can only take place when shifting away from a state-centric approach to a victim-centered approach. Victims can demand prevention of harm to their lives or bodies by participating in criminal proceedings, and they can also assert their right to seek recovery for the harm they have suffered as a result of the crime.
 However, the current system is far from victim-centered and fails to be victim-friendly. Victims are being treated as unwelcome guests by investigative agencies, and concerns regarding harm to victims are not properly taken into account in the criminal proceedings. The victim attorney system, which can make significant contributions to the exercise of participation rights, remains inadequate. Furthermore, victims are unable to provide proper statements in criminal proceedings, and they are not adequately guaranteed their right to information about their own cases.
 To address these issues, measures such as operating investigative procedures that consider the rights of victims and the perspective of recovery, prioritizing the protection of victims' right to life, expanding the victim attorney system, granting victims a quasi-party status in criminal trials, and ensuring proper guarantees of the right to information are necessary.