범죄피해자의 의견진술권에 관한 연구

• 영문명: A Study of Victim Impact Statement
• 발행기관: 한국피해자학회
• 저자명: 박상식(Park, Sang-Sik)
• 간행물 정보: 『피해자학연구』제14권 제1호, 1~45쪽, 전체 44쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.30

영문 초록

The position of crime victim is recently raised again through establishment by crime victim protect law but it is only form. In common, criminal course, protection of victim is divided into manhunt stage, public trial (judgment) stage, and the execution of a sentence stage. Especially, in these stages, public trial stage, first of all, victim’s victim impact statement is important. Therefore, in our nation’s constitution law, article 27th clause 5 and criminal procedure law, article 294 clause 2, victim’s right of opinion statement is prescribed but they don’t smoothly play a role for various problems. In the U.S.A. case, there are two statement, the one is VIS(Victim Impact Statement) which states victim results in formalities of assessment of a case and the other is VSO(Victim Statement Opinion) which states opinion of assessment of a case are prescribed, and they maximumly guarantee victim. These ayes or noes of prescriptions are argued away but, in the U.S.A., most of states are carrying out. England, Germany, France are existing action civil, especially Germany has the system of Nebenklage, she guarantees victim’s participation of public trial course. Yet, our nation don’t approve these systems and, in the only law, it is formally guaranteeing victim’s right of opinion statement in the public trial course. Accordingly, in the future these advanced nation’s systems introductions are urgent. This article criticizes for problems of victim’s opinion statement system in our nation, and considers a counterplan. And especially I forcus to look into the U.S.A.’s VIS and VSO, and view to how can we apply.

목차

Ⅰ. 서론

Ⅱ. 피해자 의견진술의 목적과 찬반론

Ⅲ. 각국의 피해자 의견진술제도

Ⅳ. 우리나라

Ⅴ. 결론

참고문헌

Abstract

키워드

Victim Impact Statement Victim Statement Opinion