The Crime Victim Protection in Criminal Procedure－Focus on the Code of Criminal Procedure

• Main Authors: TSAI, YI-JING, 蔡依靜
• Other Authors: LU, TING-WANG
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/ra2h6w

碩士 === 開南大學 === 法律學系 === 104 === Taiwan’s criminal litigation system, after transition from the inquisitional doctrine into the reformed adversarial system, together with the domesticalization of International Covenant on Civil and Political Rights and international Covenant on Economic, Social and Cultural Rights, has appeared great emphasis on the human right of the defendant. Relatively the protection of crime victims seems not receiving the same attention. In fact, in a variety of crimes, the life, body, freedom, or property of the crime victims are often suffer the most direct injuries, and the remedy and restitution of damages for crime victims has been an important mission in the various substantive law and positive law regime. However, when we look back and examine the various legal systems regarding to the protection of crime victims, they not only lack protections in the substantive aspects, it is more likely to cause obstacles for the realization of the rights and interests of crime victims in the procedural aspects. In view of international aspect, since the 1970s of 20th century, the international convention or national legislation had already widely developed the requirement of “victim participation” in the criminal procure, such as UN Declaration of basic principles relating to victims of crime and relating to victims of abuse of power of 1985, USA Omnibus Victim and Witness Protection Act of 1982, France loi renforcant la protection desvictimes d`infractions of 1983, etc. As result, the victims shall not only accept evidence investigation as witnesses on "objectivity of participation" basis, but have the right to state opinions or request for cross-examination of witnesses and other evidence investigation, i.e. active “subjectivity of participation” authority. In addition, with reference to the recent White Rose movement resulting from the lenient sentence of girl sexual assault and the return movement of military justice law triggered by soldier abuse incident, they both resulted in the proposed movement pursuing judicial reforms based on "crime victim" position, and also highlighted the helplessness and resentment of general nationals on the judicial status. To eliminate the gap between the judiciary and the people's feelings and enhance credibility, it’s undoubtedly necessary to improve the participation of crime victims in criminal proceedings, which enables their expression of opinions, and avails communication and understanding with judicial officials, in order to have opportunities for better mutual recognition and achieve true realization of substantive rights and interest through participation in such proceedings and convenience principle of procedures.