형사소송상 피해자의 준주체적 지위 = The semi-party status of crime victims in criminal procedure

다국어 초록 (Multilingual Abstract)

The victim is alienated from the court under the Criminal Procedure Act and in practice. However the real interested party in criminal procedure is the crime victim. From this perspective, this paper sought to find an answer to this question: What is the victim's appropriate status in criminal procedure? The grounds on which crime victims can be granted the right to independent participation in criminal proceedings are as follows : due process of law, victim's role in sentencing, a comparative legal review.
Victims are not a party in criminal procedure. Also, because the government's prosecution and punishment of criminals is done not on behalf of the victim himself but on behalf of society, the victim cannot be an assistant to the prosecutor.
Now, the status of a crime victim can be defined as being a ‘semi-party.’ ‘Semi-party’ is a member of a criminal procedure who actively participates in the procedures with an independent interest, and is a person who has a certain procedural power in relation to the confirmation of criminal facts and application of law. As a semi-party, Victims have the right to receive various notifications is recognized as mandatory, the right to appear in court as a member of a criminal proceeding, and the right to receive assistance from a lawyer is also granted. Also, victims must have the right to participate in the determination of criminal facts and application of law.