재정신청사건의 충실한 공소유지를 위한 방안에 대한 검토* -피해자 재정신청인의 공판 참여 방안을 제안하며-

Study on Fair Sustainment of a Public Prosecution in the Petition System for Adjudication Case

The Petition system for adjudicaion case is legal program for checking and controlling the doctrine of prosecutorial monopoly and expediency. No one can prosecute other than Prosecutor in Korean criminal system. The most effective system in criminal process for criminal victims who want to punish a offender against the prosecutor’s disposal of nonindictment. However, it is less than 1% that court accept the petition of applicants. The more fundamental problem is that prosecutors would not faithful and fair sustainment of a public prosecution, even if court allows this petition of applicants. The prosecutors seek innocent to the charge or abandon appeal in many cases is charged by court-ordered indictment. This is a natural consequence of the principle of uniformity or identity of public prosecutors. Recently, it is argued that a lawyer designated by court should take a sustainment of public prosecution to solve this problem. I suggest the petitioner as a victim also should participate criminal trial and request for evidence and examine a witness and defendant like a party.