Korean citizen participation in criminal trials: The present situation and problems

Abstract

As citizen participation in criminal trials was first introduced in 2008, it is advisable to keep the present form of an all-citizen jury system rather than introduce or adopt aspects of the Continental mixed tribunal system because the former system makes the best use of the meaning of Article 1 of the Act of Citizen Participation in Criminal Trials in Korea. Though previously professional judges participated in the deliberation process, under the current system, the new procedure should allow only jurors to engage in deliberations and render verdicts, with sentencing still left to professional judges. The new law should also eliminate a consent agreement required for a defendant in jury trial, thereby making jury trial mandatory for certain classes of heinous crimes like murder or even political crimes; juvenile cases, however, may still be excluded from jury trial. In addition, the exclusion right of the court should also be recognized, but the current comprehensive rule (Article 9 (1) (3)) should be eliminated. It is necessary for the jury verdict to have legal binding force such that the prosecutor cannot appeal the acquittal if the verdict was decided unanimously. Lastly, as for the use of victim participation programs, it is enough to simply allow victims to make statements as witness. This year, on March 6, 2013, the revised system of civil participation in criminal trials has been ready based on the evaluation of the current system by the Committee on Civil Judicial Participation, which was comprised of members from the judiciary, the academia, and civil organizations. The new amendment will be submitted to the National Assembly within this year.