범죄피해자 진술권의 성격 및 내용에 관한 연구

• 영문명: The Characteristic and the Content of the Crime Victims’ Right for the Statement
• 발행기관: 한국형사정책학회
• 저자명: 류병관(RYU, Byung-Kwan)
• 간행물 정보: 『형사정책』刑事政策 第20卷 第2號, 201~223쪽, 전체 23쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2008.12.30

영문 초록

Until recent times, the crime victims have been considered as objects of the victim study in the main field of criminal law or penal law. From 2000year, in Korea, the study on the crime victims has started to pay attention on the problem related with legal position and their rights in the criminal procedure, going beyond the economic and social consideration for the crime victims. So, the crime victims begin to emerge as subjects in the main field of criminal law. Especially, the crime victims’ right for the statement is one of the most crucial factors for their participation in the criminal procedure. The crime victims could appeal to the criminal court about their whole physical and mental damage caused by the crime. Furthermore, the crime victims’ right for the statement includes even the right for providing their opinion to the court in sentencing the punishment of the criminal offenders. However, though Korea’s constitution law guarantees widely the crime victims’ right for the statement, Korea’s criminal procedure law limits this right. Therefore, this criminal procedure needs to be reformed like Japan’s and Unites States’ ones. In conclusion, the crime victims’ right for the statement is the most essential right for preventing the victims’ second damage as well as for rehabilitating the criminal offender. This system of the right is more meaningful in providing the motive to make the citizens have the trust in the criminal law system.

목차

Ⅰ. 서론

Ⅱ. 소송구조와 범죄피해자진술권의 관계

Ⅲ. 범죄피해자진술권의 성격 및 내용

Ⅳ. 양형에 있어 범죄피해자 의견진술권 인정여부

Ⅴ. 결론

참고문헌

ABSTRACT

키워드

the Crime Victims VSI VSO the Guarantee of Constitutional law the Protection Law for Crime Victims