발달장애범죄자의 형사사법절차에서 복지 연계에 관한 비교법적 연구 - 호주의 지적장애범죄자를 대상으로 한 형사사법과 복지 연계를 중심으로 -

Criminal judicial procedure for developmental disability offender is handled in accordance with general criminal justice procedure, as is those for non-disabled person. In other words, he is released without charge from the prosecution or innocent in court at the judgment of a mental disorder and returns to society early, or he is considered to be a person of diminished responsibility and returns to society after completing his prison life, or after disposition of medical treatment and custody for the purpose of treatment. Although these processes and outcomes are the realization of the principle of liability in criminal law and the realization of the purpose of punishment, it is necessary to consider whether an understanding of persons with developmental disabilities is assumed. In other words, unlike mental disorders caused by mental illnesses, although criminals with developmental disabilities should focus on rehabilitation rather than medical treatment because of their characteristics, criminal judicial responses and research are insufficient. In this regard, the linkage between the judicial and welfare of Victoria, Australia, which avoids criminal facilities as much as possible by the welfare agency's active involvement and faithfully adheres to the legal and institutional support system for living independently by social treatment was reviewed. In the Victorian system of judicial and welfare collaboration, we can see the defendant’s ‘subjectiveness’ and attitude to secure the adequacy of the procedure to the defendant in criminal proceedings, such as the selection of treatment based on social welfare, the importance of “consent” of the defendants for the treatment and the transparency of the procedure in the process up to welfare support.