Crime victims’ rights in criminal procedures
Crime victims’ rights in criminal procedures
- First, A victim of a crime has the right to have a person(s) he/she trusts present if he/she feels substantial anxiety or tension during the investigation process.
- Second, A victim of a crime has the right to be provided with information on the investigation progress of the case, the status of the assailant such as imprisonment and execution of a sentence, and other information on criminal procedures.
- Third, A victim of a crime, with regard to a prosecutor’s non-prosecution disposition, has the right to file a complaint with the High Prosecutors’ Office or apply for arbitrament to the High Court.
- Fourth, A victim of a crime has the right to make a request to peruse or copy the court records to the court, and to attend judicial proceedings to state his/her opinions on the case.
- Fifth, A victim of a crime, in case he/she appears in court as a witness, has the right to make a request for a closed-door hearing if there is a reasonable cause such as the need for privacy or personal protection.
Assistance programs for crime victims
- First, In case there is concern over any retaliatory crime in relation to reporting a crime, giving testimony, etc., a victim of a crime can request the police or the prosecution to take certain personal security measures or to not write down personal information during an investigation.
- Second, A victim of a crime can receive psychological counseling or treatment from Crisis-intervention, Assistance & Response personnel(Make inquiries to the Inspection & Public Complaints Office) at provincial police agencies or the Smile Center.
- third, A victim of a crime can receive free-of-charge legal support such as legal counseling or support for a damage claim from the Korea Legal Aid Corporation(☎132).
- fourth, In case a victim of a crime who dies or suffers a disability or a serious injury is not indemnified by the assailant, a request can be made for a relief fund. The victim can also receive financial support including living expenses, medical expenses, and housing after a deliberation process. (Public Prosecutors’ Office ☎ Area code+1301, Korea Crime Victim Support Center ☎1577-1295)
- Fifth, A victim of a crime, in case he/she appears in court as a witness, has the right to make a request for a closed-door hearing if there is a reasonable cause such as the need for privacy or personal protection.
Other information on victims’ rights and victim-support
- First,In case a victim of a crime reaches a settlement with the assailant, he/she can request that this be stated in the records of trial in the criminal trial procedures. The records of trial shall have the same effect as a final and conclusive judgment.
- Second,A victim of a violent crime such as an assault, a crime against property such as fraud and embezzlement, a sex crime, a crime against children or a domestic crime can file a damage claim in the criminal procedures. The court’s compensation order shall have the same effect as a final and conclusive judgment.
- third,A victim of a crime can receive compensation for damages from the assailant through civil suit procedures of the court.
- fourth,In case a victim of a crime finds it difficult to make a living due to the sudden incident, he/she can receive emergency welfare support from the municipal office, county office or borough office.
- Fifth,Detailed information on victim support is available on the website of the Korea Information System of Criminal Justice Services(www.kics.go.kr) and its mobile application.
- sixth,A victims of a major violent crime or a traffic accident(death or serious injury) can receive support in relation to victim protection and support from victim-support personnel stationed at police stations.(Make inquiries to the Inspection & Public Complaints Office)
