형벌론과 형법이론학에 있어서 피해자의 체계적 지위 소고

Because the government prosecute and punish criminals on behalf of society (so to say 'bonum commune'), the victim of a crime is not a party to the criminal prosecution. By filing a complaint with a law enforcement agency, a victim initiates the process that can lead to prosecution, but once prosecution begins, the victim's participation is primarily that of being a witness. Quite often victims feel lost and frustrated in the shuffle of the criminal process. They sometimes feel That system is insensitive or even hostile to their legitimate interests in seeing justice done. As we shall see, some states are now taking steps to address victim's concerns. Despite some measures being proposed, recommended and others that have been adopted, crime victims remain secondary players in the criminal justice system. The principal parties in a criminal case are the prosecution and the defendant. Only in some rare situations the victim might have another remedy. The last 20 years od the 20th century have witnessed a gradual but pervasive and lastly widespread trend to elevate the rights of crime victims, even if that requires lessening the rights of the perpetrators. Incomparably there have been little survey and debate about the role of crime victim in Formation of the theory of crime and punishment. To attain the goal of positioning crime victim in appropriate place in the whole criminal justice system, this way of thinking is indispensible and essential. To assert the right of criminal victim can't be enough. We must find the role of victim in the systematic analysis of crime and punishment.