일본의 피해자 참가제도와 형사재판의 변화

Current Issue in Victimology in Japan

This study aims to research a current issue in Victimology in Japan. The Japanese Victimology has a big change in 2008; Victims have a right to participate in the criminal case as a party. In the traditional criminal justice system, the victim of a crime has been treated like a person forgotten from the criminal justice system and like a surrounding subject as simple evidence. The adoption of provisions to allow victims to participate in proceedings is an important change in the criminal procedure. Victims's right to participate in the proceedings is one of the main innovative features of the Court. Victim has a right of Victim Impact Statement and Victim Statement Opinion in Japan. One of the court's main function is the establishment of truth and in this sense participation of victims may contribute to the accomplishment of this goal. A justice system cannot be complete without taking into account the existence of victims of crimes and what they have to say about the violence they have experienced during conflict situations. However, the Victim participation in proceedings may conflict with the accused's right to a fair trial and affect expeditiousness of proceedings. This paper has addressed whether participatory rights pits victims' against the accused by compromising the latter's rights. This paper has argued that victims' participatory rights do not necessarily have to conflict with the rights of the accused and a fair and expeditious trial. This comparative study will be expected to contribute to Victimology in Korea.