“수사상황 통지, 피해자 재판 참여권 빠져”…피해자들 개정 형소법 우려

With the revised Criminal Procedure Law set to take effect on October 2nd, removing the prosecutor's supplementary investigation authority, victims are demanding that access to evidence and participation in trials be guaranteed. Experts argue that amendments to the Criminal Procedure Law's implementation regulations and rules should fill the gaps in the amended Criminal Procedure Law's limitations.

The "Donghae Retribution Case" victim, Kim Ji-jun (pseudonym), told Yonhap that it is practically difficult for victims to lodge objections within three months after receiving a prosecutor's decision. She added that she was hospitalized for two months during the incident, stating that asking her to seek a lawyer and undergo legal review, and then lodge an objection, is akin to burdening the victim with the legal process.

The case involved a man assaulting a woman with a blunt object in Gyeongju, leading to a conviction of severe injury and a subsequent appeal that resulted in a second-instance conviction of attempted gang rape. The revised Criminal Procedure Law includes a clause limiting the time frame for objection to three months after a prosecutor's decision.

While victims can access and review evidence and statements, this is not considered a sufficient remedy. Kim Ji-jun emphasized that she should have been aware of how the investigation was progressing, even during the ongoing investigation, to prepare for any future actions. The "Sejong Collective Sexual Assault Case" victim, Jung Eun-su (pseudonym), expressed concern over the proposed amendments, stating that the state may transfer the responsibility of investigations to victims.

She recounted her experience with a collective sexual assault in Sejong in 2018, where she was hesitant to seek help due to the fear of being publicly humiliated. She expressed worry that the revised Criminal Procedure Law's implementation may shift the burden of investigations onto victims. Jung Eun-su noted that the investigation into her case was transferred to the prosecution, and subsequently, the prosecution added charges of child abuse (as the victim was 14 years old at the time) and aggravated assault, after conducting a supplementary investigation.

Jung emphasized the need for the state to ensure that victims are not left to shoulder the burden of investigations. The prosecutor's office has also proposed amending the Criminal Procedure Law to allow for the prosecution of 7 serious crimes as a single act, which has been included in the bill. Jung expressed concern that such a broad scope of prosecution may limit victims' ability to participate in the judicial process.