피해자의 시각에서 본 재정신청제도

The Prosecution Compelling System from The Victim of Crime’s View

The Criminal Procedure Act regulates certain process to protect the victim of crime, but the system is insufficient. Especially the regulations in the Criminal Procedure Act need to be reinforced to actively protect the victim of crime. The victim should be provided a public defender if needed and be accepted to participate in the criminal trial. At the trial the application for challenge should be allowed. The revised Criminal Procedure Act has improved at protecting the victim of crime, but still needs additional progress in several areas. There is some opinion that the prosecution compelling system exists to regulate Prosecutorial discretion, instead of protecting the right for the victim of crime. However since the claim for prosecution compelling is taken back when the victim of crime withdraws the complaints, it should be the other way around. In this way the effect that regulates Prosecutorial discretion is additional. The biggest flaw about the current prosecution compelling system is that after the prosecution compelling is accepted, the Prosecutor has to maintain the public prosecution. When the court overrules the disposition for non-prosecution after going through prosecution compelling and prosecution appeal, there’s no reason to compel the Prosecutor to sustain the public prosecution. By going through the procedure, the lack of trust to the Prosecutor will lead the victim of crime against the idea. Moreover the Prosecutor will have self contradiction maintaining the public prosecution when he/she thinks the accused is not guilty. Instead of this, the attorney of the victim of crime should maintain the public prosecution. A public defender should be available if needed, since the victim of crime has rights to be advised by an attorney. In this way, the protection of the victim of crime and regulating Prosecutorial discretion can both be done, and the court will no longer have to do both the prosecution and trial at the same time.