형사사법절차에서의 진술거부권에 대한 연구

The Study on the Right to remain silent in Criminal Proceeding - Victim as Witness and criminal SuspectㆍDefendant as the subject of the Interrogation -

There has been a long history of trying to protect and increase the rights of the accused and the defendant. During this long history, the criminal victims were kept at a distance from the judicial system. To the present, the crime victims are more important than the accused and defendant in judicial system. The amendment of the criminal procedure law elevates the victim's right in the judicial system. But the most important thing in criminal proceeding is a fair trial. A fair trial is when there is a balance between the prosecutor and the defendant. According to the criminal procedure law, the right of the prosecution to question the defendant can exclude the right of the defendant to remain silent, because current law recognizes the right of the prosecution and defence attorney to question independently from the right of the defendant to remain silent. The prosecuting attorney can question the defendant only if they tell that he does not have to answer all the questions. But the decision is up to the defendant whether to refuses all questions from the beginning to the end, or to partly reply and partly refuses. Therefore this article attempts to analyze 'the right to take part in trial' of the victims' and 'the right to remain silent' of the defendants in criminal proceeding.