피고소인에 대한 고소장 사본송달 및 의견서 제출 허용 필요성

A victim of a crime may file a criminal complaint. Because filing a criminal complaint is about reporting a crime which is the object of the complaint, the crime should be specified. However, it is not required for the accuser to state in detail the time and date, place, method, or name of the crime. The accuser does not have to specify the name of the offender, the time and date, and the place of crime. Such a wide range of allowed filing complaint led to the suspicion of offense turned out in many cases to be invalid after an investigation. Approximately 80% of lodged criminal complaints are not to be instituted public prosecution because of unverified suspicion of offence. Most of complaints have been filed for the purpose of collecting evidences using the criminal investigation institute to resolve civil cases. A criminal complaint can be filed to any investigation institute. Also a criminal complaint shall be filed with a prosecutor or senior judicial plice officer in writing or orally. On receipt of an oral criminal complaint, a prosecutor or senior judicial police officer shall draw up a protocol. The protocol here is about the complainant and the accused, or a third party. The statement of a criminal suspect shall be entered in the interrogation protocol. The criminal suspect is the person who became a target for an investigation by a criminal investigation institute when there was a suspicion that an offence has been committed. The accused shall be identified as a criminal suspect only after an investigation is initiated and the suspicion of offence is confirmed. In our current system, a person filed a complaint first becomes a victim and the accused is treated as a criminal suspect. Consequently, whenever there is a dispute, people tend to file a complaint ahead of the other party. The Criminal Procedure Act does not specify any proper rules regarding the status of the accused. And yet, the accused is not informed that a complaint was filed, the bill of indictment is not served, and unaware of which crime he/she is accused of. And the accused is criminally booked without knowing, then receives a summons. As a result, the accused has a hard time to exercise his/her right to defend. Upon the agreement with a complainant, the prosecutor can serve the fact that a complaint was filed and the copy of bill of Criminal Complaints. Without an agreement with the complainant, the prosecutor shall do take such actions. It is considered as irresponsible for the prosecutor to take an action based on the decision of a complainant. On the other hand, a judicial police has to apply for Information Disclosure in order to read or make a copy of the bill of Criminal Complaints. Because of the lack of rule on this in the Criminal Procedure Act, prosecutors and judicial police operate separate systems. It is necessary to set up a rule in the Criminal Procedure Act regarding the legal status for the accused before they are criminally booked as a criminal suspect. The accused should be considered to have a chance to freely submit a written opinion regarding the crime stated in the bill of Criminal Complaints and any favorable data. Such opportunity should be given before an interrogation protocol is formed. An investigation institute can find out the truth through the offense and defense between a complainant and an accused, and it can lead to a prompt resolution of the case.