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학술논문경찰법연구2010.12 발행KCI 피인용 2

형사절차상 피해자 진술 - 형사소송법 제294조의2와 일본형사소송법 제292조의2에 대한 비교를 중심으로 -

Victim Statement in Criminal Procedure

장응혁(동경대학)

8권 2호, 122~146쪽

초록

Victim Statement is important because it shows how crime victims can participate in the criminal justice process. Our nation's constitution law, article 27th clause 5prescribed victim statement as constitutional right. But Criminal Procedure Law, article 294 clause 2 not only prescribed it as witness statement but also doesn't smoothly play a role for various problems. In this review, firstly, It is examined how Victim Statement was introduced and has developed. Panel discussion of Presidential Committee on Judicial Reform is very beneficial. Then I reviewed Japan's Victim Statement(japan criminal procedure law, article 292 clause 2) from the perspective of comparative law. Based on this review, I suggest some recommendations for improving victim statement. Activation of Victim Statement is key-factor for Victim's Welfare and development of Korean Criminal Justice.

Abstract

Victim Statement is important because it shows how crime victims can participate in the criminal justice process. Our nation's constitution law, article 27th clause 5prescribed victim statement as constitutional right. But Criminal Procedure Law, article 294 clause 2 not only prescribed it as witness statement but also doesn't smoothly play a role for various problems. In this review, firstly, It is examined how Victim Statement was introduced and has developed. Panel discussion of Presidential Committee on Judicial Reform is very beneficial. Then I reviewed Japan's Victim Statement(japan criminal procedure law, article 292 clause 2) from the perspective of comparative law. Based on this review, I suggest some recommendations for improving victim statement. Activation of Victim Statement is key-factor for Victim's Welfare and development of Korean Criminal Justice.

발행기관:
한국경찰법학회
DOI:
http://dx.doi.org/10.22826/jpl.2010.8.2.122
분류:
법학

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