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@article{ART002172340},
author={KIM HYEOK},
title={A Critical Review on the Practice Handling the Criminal Complaints - From the Perspective of Victims’ Rights -},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2016},
number={73},
pages={51-81}

TY - JOUR
AU - KIM HYEOK
TI - A Critical Review on the Practice Handling the Criminal Complaints - From the Perspective of Victims’ Rights -
JO - DONG-A LAW REVIEW
PY - 2016
VL - null
IS - 73
PB - The Institute for Legal Studies Dong-A University
SP - 51
EP - 81
SN - 1225-3405
AB - A victim of a crime is entitled to file a criminal complaint and he/she is able to make a statement during the proceedings of the trial of the case involved. A criminal complaint is one of the most aggressive means for a victim to take in order to recover his/her damage in the criminal justice process. Therefore, the discussion in an attempt to deal with the complaints effectively should be conducted within the range that does not violate the rights of crime victims. It is also important to take measures to reduce the burden of the practice while ensuring that the victims participate in the procedure. In this regard, I proposed to introduce the pre-criminal conciliation system as a criminal dispute resolution process to deal with complaints. According to the Crime Victim Protection Act, if deemed necessary for the practical recovery from damage suffered by a crime victim through the fair and amicable settlement of a criminal dispute between a suspect and a crime victim, a public prosecutor may refer the criminal case under his/her investigation to criminal conciliation upon a request of parties or ex officio. If preparing a plan to expand this procedure to the complaint cases received by the police, it will be able to prevent unnecessary waste of investigative resources as well as recover the damages of victims in accordance with the principle of restorative justice.
KW - Criminal Complaints;Rejection of Complaints;Crime Victim;Investigation Complaints Consultation Center;Right to be Heard in the Criminal Justice Process;Criminal Conciliation;Restorative Justice
DO -
UR -
ER -

KIM HYEOK. (2016). A Critical Review on the Practice Handling the Criminal Complaints - From the Perspective of Victims’ Rights -. DONG-A LAW REVIEW, 73, 51-81.

KIM HYEOK. 2016, "A Critical Review on the Practice Handling the Criminal Complaints - From the Perspective of Victims’ Rights -", DONG-A LAW REVIEW, no.73, pp.51-81.

KIM HYEOK "A Critical Review on the Practice Handling the Criminal Complaints - From the Perspective of Victims’ Rights -" DONG-A LAW REVIEW 73 pp.51-81 (2016) : 51.

KIM HYEOK. A Critical Review on the Practice Handling the Criminal Complaints - From the Perspective of Victims’ Rights -. 2016; 73 : 51-81.

KIM HYEOK. "A Critical Review on the Practice Handling the Criminal Complaints - From the Perspective of Victims’ Rights -" DONG-A LAW REVIEW no.73(2016) : 51-81.

KIM HYEOK. A Critical Review on the Practice Handling the Criminal Complaints - From the Perspective of Victims’ Rights -. DONG-A LAW REVIEW, 73, 51-81.

KIM HYEOK. A Critical Review on the Practice Handling the Criminal Complaints - From the Perspective of Victims’ Rights -. DONG-A LAW REVIEW. 2016; 73 51-81.

KIM HYEOK. A Critical Review on the Practice Handling the Criminal Complaints - From the Perspective of Victims’ Rights -. 2016; 73 : 51-81.

KIM HYEOK. "A Critical Review on the Practice Handling the Criminal Complaints - From the Perspective of Victims’ Rights -" DONG-A LAW REVIEW no.73(2016) : 51-81.