1954-09-23
Article 294-2 (Right of Victim to Make Statements)
(1) The court shall, upon receiving a petition from a victim of a crime or his legal representative (including his spouse, lineal relative, sibling, if the victim is dead; hereafter referred to as "victim" in this Article), admit such victim as witness for examination: Provided, That the foregoing shall not apply to any of the following cases: <Amended by Act No. 8496, Jun. 1, 2007>
1. Deleted; <by Act No. 8496, Jun. 1, 2007>
2. In cases where it is recognized that the victim has already made sufficient statements relating to a case concerned in trial proceedings and therefore, there is no necessity of restatement; and
3. In cases where there is apprehension that the procedure of public trial may be delayed markedly on account of the statement of the victim.
(2) The court shall, whenever it examine a victim pursuant to paragraph (1), give the victim an opportunity to make a statement on the degree and result of damage, his opinion concerning punishment of the defendant and other matters relating to the case at bar. <Amended by Act No. 8496, Jun. 1, 2007>
(3) In cases where there are a number of applicants under paragraph (1) concerning identical facts constituting the crime, the court may limit the number of persons to make a statement. <Amended by Act No. 8496, Jun. 1, 2007>
(4) In cases where the applicant pursuant to paragraph (1) has not appeared before the court after receiving a subpoena without a reasonable cause, the application is deemed to be withdrawn. <Amended by Act No. 8496, Jun. 1, 2007>
[This Article Newly Inserted by Act No. 3955, Nov. 28, 1987]
Article 294-3 (Non-disclosure of Victim's Statements)
(1) The court may, when it examines a victim of a crime as a witness, decide by a ruling to proceed the examination behind closed doors, if it is deemed necessary for the victim's privacy and personal safety, upon a request from the victim or his legal representative or the public prosecutor.
(2) The decision under paragraph (1) shall be informed with the reasons therefor.
(3) The court may permit a person to be present in the court even when it makes the decision under paragraph (1), if such person's presence is deemed proper.
[This Article Newly Inserted by Act No. 8496, Jun. 1, 2007]
