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A Study on Victim's lawyer system

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(2), pp.9-25
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Jeon Myung Gil 1

1광주여자대학교

Candidate

ABSTRACT

In the criminal case, the crime victim is a direct stakeholder of the case but is excluded from the criminal proceedings. Under the current criminal lawsuit structure based on the principle of the party, the prosecutor as a prosecutor and the perpetrator lead the case, In a position of witness to the examination of a witnesses. However, the Special Act on the Punishment of Sexual Crimes, etc. was revised and the victim's lawyer system was revised. Although the victim's attorney system is limited to victims of sexual violence crimes and victims of child abuse, it is an effective system that enables legal assistance to women and children who are socially weak and have difficulty in executing their own rights. However, there are many problems in the operation of the victim 's lawyer system. The implementation of the lawyer system for victims of crime can ultimately enhance the effectiveness of the national prosecution and realize restorative justice. Based on the existing lawyer system for victims of sexual violence crimes, the system should be improved in order to expand the scope of crime victims who can be selected as lawyers, and to strengthen the selection procedure and management of lawyers. In addition, it is necessary to legislate the duty of notifying the proceedings of proceedings and the matters to be processed, to ensure that the active victims' attorneys participate in the court proceedings, and publicity about the victim's attorney system itself will be needed. Even if it is difficult to select a victim 's lawyer for victims of all cases, it is necessary to expand the scope of the victim who can receive the help of the victim' s lawyer in consideration of the type of crime damage and degree of crime damage.

Citation status

* References for papers published after 2022 are currently being built.