참여의 관점에서 바라본 피해자의 진술권

• 영문명: Victim's Right to Statement from the Standpoint of Participation
• 발행기관: 한국형사정책학회
• 저자명: 정도희(Do-Hee Jeong)
• 간행물 정보: 『형사정책』刑事政策 第21卷 第2號, 159~187쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

The Constitution enacted right so statement on trial of the victims and entrusted the concrete realization to Code of Crime Procedure Code of Crime Procedure revised in 2007 extended applicant of victim statement, allowed the victim to state in a course of trial, even the victim stated in a stage of investigation and edited out exceptive reason in application Even with this revision, it is quite irrational that right to statement of the victims is still based on the frame of examination of witness Once a victim states through examination of witness, the victim is no more the subject of statement, but the object of statement On top of that, even the denial of testimony regarding personal information is not admitted, so that the dignity of a victim can be violated It is not reasonable, in this case, that a victim states to bear of the danger to commit perjury The judicial system must escape from the current frame of examination of witness and edit out the exceptive reason in realizing victim statement It is time to introduce Victim Impact Statement as complementary measures about the current victim statement system. On this proposal, it is apprehended that the statement of a victim in a stage of sentencing can have an effect on the punishment of the defendant This concern can be cleared by giving opportunity to state about damage by a crime and its influence to only the victim after becoming final of defendant's conviction Right to victim statement is to be extended Since we acknowledge right of victim statement as a constitutional right, a powerful right of statement is granted to the victim. Introduction of Victim Impact Statement, as complementary measures, is likely to guarantee right to victim statement substantially

목차

Ⅰ 들어가며 “피해자의 재발견”에서 “피해자의 참여”로

Ⅱ 헌법상 피해자의 재판절차진술권 보장

Ⅲ 피해자 진술권 개선방안에 대한 검토

Ⅳ 나가며 피해자 진술권의 확대를 통한 참여

참고문헌

영문초록

키워드

피해자 피해자 권리 피해자 진술권 형사소송법 Code of Criminal Procedure Victim Victim's Right Right to Statement Victim Impact Statement