범죄피해자의 형사절차 참여 방안

The Criminal Victim’s Right in the Criminal Procedure

The Victim is excluded from the most criminal procedure today. He has no right to participate in the criminal procedure. Although he is a criminal victim, his human right and privacy are infringed by the face of law, the press, and local residents. It is undesirable for him to restore the criminal damage and detect the substantial criminal fact. So the authority must give the right in the criminal procedure to the victim. “The criminal victim protection law”, giving further protection to the criminal victim, has recently been enacted, which will be reformed “the code of criminal procedure” toward giving more protection to the criminal victim in the criminal procedure. But it is not enough for protecting the victim and restoring his injury. For example, the victim has no right to express his view in the prosecution and investigation. When the defendant and the victim differ in opinion on the committed crime, we don’t find a solution in the law. Therefore, we must revise the law that the victim would have the right to participate in the criminal procedure.