성범죄 피해아동의 진술의 신빙성 판단 기준

• 영문명: To Psychological Assessment of the Credibility of Testimonies in Children by German Court
• 발행기관: 한국피해자학회
• 저자명: 박상기(Park, Sang-Ki)
• 간행물 정보: 『피해자학연구』제24권 제1호, 197~219쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.04.30

영문 초록

The statement psychology is a branch of applied psychology. It is about the psychological evaluation of witnesses and their statements in court. Herein both the determination of characteristics of the personality of the witness – credibility of the witness and his testimony – credibility are the testimony contained –. The usual procedure in criminal credibility assessments are carried out primarily at children – especially in processes of Sexualdelikte –. Following the BGH decision of 30.7.1999 the meaning of the statement history is carved in testimonies of children for the credibility of the expert opinions on Worms processes. The statement history is understood as a complex psychological process in which not only the children, but also the parties involved. The observed in children during the survey period changes in their opinions, feelings and motives and the resulting effects on her statement and her testimony behavior are under the review thoroughly examined and evaluated accordingly. The characteristic of the Wormser processes(negotiating the LG Mainz) was their scope (3 parallel proceedings Worms I, II and III) and its duration, ie from early 1994 to June 1997. The first statements of children were already in mid – 1993 before. The reimbursement of expert opinion on the statements of six children(WormsI), lasted from May to October 1996(20 days of the trial), a record in the history of German law. The six defendants as well as any other in the parallel proceedings were acquitted. The Wormser processes have shown that the design of, the period of the first statements of the children until the trial must be understood in a much more complex meaning than a psychological process should be seeing. These must include not only the children concerned, their statement behavior and statements, but also the responsible party to the proceedings, such as prosecutor, the supervisor of the children who had conversations with the children and they asked, and partly also the experts, who had examined the children on behalf of the prosecution. When the children show up at this time those developments and changes in their statements and their testimony behavior that are detected by the appraiser in lightening and analysis of the origin and history of the statement.

목차

Ⅰ. 글 머리에

Ⅱ. 아동진술의 신빙성 판단 관련 독일법원의 판결

Ⅲ. 아동증인의 진술능력

Ⅳ. 글을 맺으며

참고문헌

키워드

아동진술 아동진술의 신빙성 진술신빙성 진술분석 가설검증 children statement children statement credibility of statement credibility of the statement statement psychological assessment hypothesizing