지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 연구보고서
- 저자정보
- 발행연도
- 2006.12
- 수록면
- 11 - 140 (131page)
이용수
초록· 키워드
오류제보하기
The victims of crime suffered from retaliation as a witness at the criminal trial procedures, infringement upon personal rights, exposure of private life, economic losses and others. The protection program of substantial law as well as adjective law might protect the victims of crime from the infringement. The retaliatory crime and other acts might be punished additionally from point of view of substantial law: The victims of crime, however, should be protected by adjective law that could lessen spiritual and physical losses and damages of the victims at the criminal trial procedures.
At first, systems should be reformed to protect the victims of crime who attended criminal investigation process as a witness: Some actions should be taken for benefit of the victims of crime when they reported crimes at investigation process and stated their ideas by summon and attendance. The actions included criminal investigator's establishment of investigation attitudes considering situation of a witness, statement system by mail and telephone, attendance system with time difference (reserved investigation), on-the-spot investigation and others. In particular, some actions should be taken to prevent retaliatory crimes, for instance, no exposure of identity of the victims of crime, no fill-out of personal descriptions at protocol, etc, prevention of meeting between the suspect and the defendant, notice of the defendant's situation, and personal safety actions, etc.
The victims of crime who cooperated with trial process as a witness should be protected: At first, a system that could protect a witness's life and body from retaliatory crime was required, and other witnesses should be systematically free from a lot of difficulties and pains that they might suffer in the criminal and judicial procedures. A witness could be systematically protected by either revision of existing witness protection regulations or enactment of special law on witness protection. The protection of a witness had close relations with that of crime reporter, the one who accused and complained, and the victims of crime, etc, so that all of existing legal regulations should be investigated to enact comprehensive and unified laws and ordinances. From microscopic point of view, the Japanese Code of Criminal Procedure might be introduced to take protective actions in favor of a witness and to make use of examination of a witness by dynamic images and audio communication equipment, etc at criminal and judicial procedures.
The defendant's defence rights that the Constitution guaranteed should be respected to protect the victims of crime effectively. The protection of the victims of crime was confronted with the defence rights of both the suspect and the defendant, so that excessive protection of the one might be likely to limit basic rights of the other to reach unreasonable conclusion. Therefore, the protection system of the victims of crime should be made by keeping balance between discovery of the truth of a case and protection of human rights of both the suspect and the defendant: And, a witness should be effectively protected without infringement upon defence rights of the suspect and the defendant.
At first, systems should be reformed to protect the victims of crime who attended criminal investigation process as a witness: Some actions should be taken for benefit of the victims of crime when they reported crimes at investigation process and stated their ideas by summon and attendance. The actions included criminal investigator's establishment of investigation attitudes considering situation of a witness, statement system by mail and telephone, attendance system with time difference (reserved investigation), on-the-spot investigation and others. In particular, some actions should be taken to prevent retaliatory crimes, for instance, no exposure of identity of the victims of crime, no fill-out of personal descriptions at protocol, etc, prevention of meeting between the suspect and the defendant, notice of the defendant's situation, and personal safety actions, etc.
The victims of crime who cooperated with trial process as a witness should be protected: At first, a system that could protect a witness's life and body from retaliatory crime was required, and other witnesses should be systematically free from a lot of difficulties and pains that they might suffer in the criminal and judicial procedures. A witness could be systematically protected by either revision of existing witness protection regulations or enactment of special law on witness protection. The protection of a witness had close relations with that of crime reporter, the one who accused and complained, and the victims of crime, etc, so that all of existing legal regulations should be investigated to enact comprehensive and unified laws and ordinances. From microscopic point of view, the Japanese Code of Criminal Procedure might be introduced to take protective actions in favor of a witness and to make use of examination of a witness by dynamic images and audio communication equipment, etc at criminal and judicial procedures.
The defendant's defence rights that the Constitution guaranteed should be respected to protect the victims of crime effectively. The protection of the victims of crime was confronted with the defence rights of both the suspect and the defendant, so that excessive protection of the one might be likely to limit basic rights of the other to reach unreasonable conclusion. Therefore, the protection system of the victims of crime should be made by keeping balance between discovery of the truth of a case and protection of human rights of both the suspect and the defendant: And, a witness should be effectively protected without infringement upon defence rights of the suspect and the defendant.
목차
국문요약
제1장 서론
제2장 형사절차상 범죄피해자의 보호
제3장 범죄피해자보호 관련법제의 개선방안
제4장 결론
참고문헌
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UCI(KEPA) : I410-ECN-0101-2012-364-003832422