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Critical Review on the Korean Civil Participation in Criminal Trial to Overcome the Crisis of Peoples’ Confidence in Jurisdiction

  • Crisisonomy
  • Abbr : KRCEM
  • 2013, 9(2), pp.199-214
  • Publisher : Crisis and Emergency Management: Theory and Praxis
  • Research Area : Social Science > Public Policy > Public Policy in general

kwansig Choi 1

1경운대학교

Accredited

ABSTRACT

Civil participation in criminal trial has been introduced in Korean criminal trial system, but this system has many problems. The purpose that civil participation in criminal trial aims is that Peoples should participat7e in the fact-finding and the examination of an offense to certain degrees. These are not theoretical, transcendental problems but empirical, historical problems. Therefore to have more citizens-confidence in the criminal trial, right to decide throughly in the fact-finding and in some degrees in the examination of an offense should be given to the citizens(jury) in our advanced Civil participation in criminal trial. And in the Appeal Court of the Civil participation in criminal trial the second Civil participation in criminal trial should not be held because peoples’ will is only one, not two. Furthermore the Appeal Court of the Civil participation in criminal trial should be the structure of ex post facto review that prohibit appeal except serious defect having influence on the judgment. To the judgment, result of the Civil participation in criminal trial, the doctrine of prohibition of double jeopardy should be applied.

Citation status

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