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.
초록· 키워드
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In Korean Legal System, there is no legal negotiation in the criminal procedure.
The Department of Justice pronounced the Criminal Procedure Code and Criminal Code amendment containing the plea bargaining on July 13, 2011. And this system has envisaged in the National Assembly. Through this system "Justice collaborators"who filed the charges, or penalties can be exempted. The debate has continued for a long time whether it is necessary to introduce the plea negotiation. There has been discussion about the introduction of americanized plea bargaining. Supporters have emphasized the processing of the investigation and efficiency. On the other hand,opponents have emphasized infringement of the right of the accused. But always the victim's presence in this debate have been excluded.
In this article, the introduction of plea negotiations desirable and what is absolutely necessary to introduce any restrictions must be considered will review. The most important party to be considered is crime victim bringing the plea bargaining into our criminal justice system Negotiations have already "existed" and, for the processing of the case quickly the introduction of plea negotiations is desirable by considering the presence of the victim, so it is natural decision to introduce very "limitedly" in the case of victimless crimes and organized crime cases.
New regulations in consultation with the victim should be introduced in the procedure. The limited negotiations should be conducted the criminal mediation should be utilized broadly.
In short, the limited introduction of plea negotiations is necessary and victim should be considered. It is the duty of state and criminal law to protect the legal interests of citizens of the country.
목차
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참고문헌 (37)
참고문헌 신청
[학술지(정기간
/ 2001 / LaFave, Wayne R./Israel, Jerold H./King, Nancy J./Kerr, Orin S., Criminal Procedure, West
Abert W. Alschuler / 1979 / Plea Bargaining and Its History / Law & Society Review 13 (2)
Arenella, Peter / 1983 / Rethinking the Functions of Criminal Procedure : The Warren and Burger Courts' Competing Ideologies / Geo. L. J 185
Ball, Jeremy D. / 2006 / Is It a Prosecutor's World? : Determinants of Court Bargaining Decisions / Journal of Contemporary Criminal Justice 22 (241)
/ 2001 / LaFave, Wayne R./Israel, Jerold H./King, Nancy J./Kerr, Orin S., Criminal Procedure, West
Abert W. Alschuler / 1979 / Plea Bargaining and Its History / Law & Society Review 13 (2)
Arenella, Peter / 1983 / Rethinking the Functions of Criminal Procedure : The Warren and Burger Courts' Competing Ideologies / Geo. L. J 185
Ball, Jeremy D. / 2006 / Is It a Prosecutor's World? : Determinants of Court Bargaining Decisions / Journal of Contemporary Criminal Justice 22 (241)
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