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A Study on the Witness Immunity System

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2016, 4(2), pp.183-203
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Jeon Myung Gil 1,  Jong-Ryeol Park 1

1광주여자대학교

Candidate

ABSTRACT

Unlike crimes in which there is a specific victim, organized crime or those regarding corruption are conducted secretively in an organized fashion, and thus it is hard for people other than the accomplice to provide direct evidence for the crime or for law enforcement to expect the accomplice to testify even with the possible danger of self-incrimination. Furthermore, given that it is very difficult for the law enforcement to find out the truth without the voluntary cooperation of the witness, the fact that there is no way to forcefully find out the truth with the aid of systems such as those that may exempt witnesses from their punishment, there is no way to improve the transparency of the procedure for collecting evidence. Stated otherwise, it is crucial that witness immunity be adopted for increased transparency and accuracy during the process of collecting evidence. But reality may differ depending on the law and criminal legal system legal system in each country. South Korean prosecutors have exclusive rights during criminal investigations and prosecution and the mitigation of punishment in extenuation of circumstances, courts have discretion and through the system level of severity, about the law enforcement cooperation The reality is that their weak protection system. Our country be in constant fear of rights abuses with the concerns of the prosecution of potential abuses of the judicial system in real life is very high, with multiple, stressing the effectiveness of investigations Problems and may have negative side-effect to introduce a system that is robust investigation and the evasion of responsibility that can not go for a rescue mechanism in place able to avoid criticism that the man Will not be. Also legislation of Immunity or Reduction of sentence isn't appropriate in Korea. Because Korean judge has very wide discretion in sentencing.

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