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 White paper on crime 2000 Part5/Chap.2/Sec.1 

Chapter 2 Consideration for Victims in Criminal Justice

Section 1 Criminal Proceedings and Victims

  Victims of crime are lawfully entitled to make complaints in which they may request the punishment of offender. Relief measures have also been established for cases of non-institution of prosecution by public prosecutors offices. The position of the victim is considered in the course of criminal proceedings. That is, the victim's sense of injury and wish for punishment are weighed when judging the necessity of indictment under the principle of discretionary prosecution, as well as when sentencing in trials. Other supportive measures include direct relief to victims by the government to a specified extent, in case the victims cannot receive compensation for damage caused by the perpetrators because the latter are unable to pay compensation(see Section3of this Chapter).
  In addition, the Law for Partial Amendment to the Code of Criminal Procedure and the Law for the Inquest of Prosecution(Law No.74of2000)and the Law concerning Measures Accompanying Criminal Proceedings to Protect Crime Victims, etc., (Law No.75of2000)were promulgated in May2000. The aim of these was to ensure more appropriate consideration for and further protection of victims. The former Law provides for reduced burdens for crime victims when examined as witnesses, the abolition of the complaint deadline for rape and other offenses indictable upon complaint, the introduction of a system that allows victims and others to express their feelings or make other statements in trial proceedings, and an expansion of eligibility to request reviews of non-prosecution decisions to Committees for the Inquest of Prosecution. The latter Law stipulates that presiding judges should ensure that victims and others can attend trial proceedings, that the court may allow victims and others to inspect or copy the trial record for pending cases, and that any agreement reached between defendants and victims on a civil lawsuit shall have the same effect as a judicial compromise when included in the protocol for trial in criminal cases.
  Including such legal measures, this Section outlines how the wishes of victims are reflected in criminal proceedings and how their status and position are protected.