Recently, the criminal justice system is focused on the protection of the rights of the victims of crime and recovery of their damages. This trend is largely based on the new ideas and policies for the criminal justice that restoration of peace of the...
Recently, the criminal justice system is focused on the protection of the rights of the victims of crime and recovery of their damages. This trend is largely based on the new ideas and policies for the criminal justice that restoration of peace of the victims of crime will agree with the social justice, because the criminal justice system too much emphasized the rights of offenders even if it practically abandoned the victims of crime.
Before the 1980s, victims of crime were not subject of interest in the criminal policies. However, Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in 1985, declared the basic principles of justice for victims of crime and abuse of power. Since then, concerns on the victims of crime rose internationally, and criminal justice system of Korea could establish the basis of victim protection system, such as clarifying the rights of the victims of crime and enacting the victims protection laws. However, victims are still suffering from bad environment and aftermath. There were cases where a member of the victim’s family committed suicide, and many victims of crime are suffering from financial difficulties. When the press and Internet disclosed pains and difficulties of victims of violent crime and their family such as children murder in 2007, Cho, Du-sun child rape case in 2008 and Kim, Gil-tae child rape case in 2010, The crime cases could produce citizens' consensus on protection of crime victim, and protection of victims of violent crime who were forced to suffer from serious pains and difficulties for a long time because of murder, rape and other crimes giving damage to human dignity, life and bodies, so that it was social issue that could govern the Government's policy. The national attention to crime victims leads to the role of the police, which is the first contact with victims in the crisis of violent crime. In the extreme fear, victims feel safe by the police and expect that the police would take care of their fear and unstability. However, the police has not actively participated in making of victims protection policies and sometimes caused secondary damages to the victims, despite their important roles of initial response and crisis intervention. In police protection of the victims can protect victim as a national agency and get reliability from the victim as an investigation agency that has primary duty of the investigation and attain investigation goal with active cooperation. Therefore, it is needless to say that protection of the victim shall be one of primary jobs of the police.
Last some years, victims of violent crime have increased continuously to increase victims of the crime rapidly. The police shall involve in crisis on the spot immediately and help recover damages as primary government agency of protection of the victims so that it is criminal justice agency that is differentiated from prosecutor's office as well as the court. At this moment, countermeasure needs to be taken to protect victim in accordance with the police's inherent characteristics.
At first, the police shall educate internally to cognize values of care of the victims of violent crime and to establish its job of protection of the victims. To take immediate action against damages and losses and lessen pains as much as possible from various kinds of points of view, one-stop CARE Home for victims of violent crime and other crisis systems need to be introduced. The police shall take follow-up actions in liaison with community, private organizations and external organizations and help victims to return to daily life and to live lives by themselves.
This study examined status, psychological characteristics and legal systems of victims of violent crime, and it suggested values of the victims of violent crime as well as protection of victims of violent crimes by police that is criminal justice agency to involve in the crisis. And, the study introduced case of protection of the victims that the police investigated murder case of child at Anyang.