범죄피해자의 양형절차에의 참가

• 영문명: The Participation of Crime Victims on Sentencing Process
• 발행기관: 한국형사법학회
• 저자명: 박광민(Park, Kwang-Min)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제4호, 175~194쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.31

영문 초록

The traditional criminal judicial systems operated mainly based on the antagonistic structure between a nation and a crime. But public complaints and distrust on that traditional systems have caused the changes in overall criminal justice and a victim has been in the center of the changes. Consequently, the status of the victim that took no interest under the traditional criminal judicial systems have increased and the role of the victim as a sentencing factor at the sentencing stage of criminal procedure is newly diagnosed. By the way, the role of the victim is related to the possibility of participation in crime victim's criminal procedures or the degree of the participation. With regard to that, the revised criminal procedure code enforced from January 1, 2008 designed to reinforce the protection of the victims and increase the status of the victims, substantially reinforcing the declaration of victim's rights. However, the revised criminal procedure code maintains the way of the examination of a witnesses in a previous law, overlooking the characteristics of the victim declaration, the independns tfundains al criminaf the victims based on the article of 27 of the Constitution and it had lots of problems to secure the declaration of victim's rights, failing to make a clear definition on the contents and the limits of the declaration. This thesis attempted to suggest the separation of the victim's declaration from the process of witness examination, the clarification of victim's declaration and limits, the clarification of the time and methods of victim's declaration and etc, as a way to solve such problems and secure the declaration of right on victims.

목차

Ⅰ. 머리말

Ⅱ. 범죄피해자의 형사절차 참가제도

Ⅲ. 형사소송법 제294조의2 피해자진술권의 해석론

Ⅳ. 형사소송법상 ‘피해자진술권’에 관한 개선방안

Ⅴ. 맺음말

키워드

범죄피해자 피해자진술권 피해자의견진술제도 양형절차 부대공소제도 crime victims declaration of right on victim victims statement of opinion Sentencing Process Nebenklage