소년범의 기소유예에 관한 고찰 - 재범방지를 위한 처분관련 몇 몇 유의미한 논의들 -

Abstract

The changing disposal of punishment is prohibited for juvenile offenders. For this reason, suspension of prosecution has been widely accepted. In addition to the simple suspension of prosecution, a conditional suspension of prosecution is allowed for juvenile offenders. It is the suspension of prosecution on condition of leading, suspension of prosecution on condition of education and suspension of prosecution on condition of consulting, etc. However, in relation to recommitment of a offender, it appears that the suspension of prosecution has not played a role. This is due to the fact that the disposition is neglected. In this article, we review the suspension of prosecution system in a critical way. Therefore presents a new plan. It is leading on condition of suspension of prosecution, mediation on condition of suspension of prosecution, suspension of prosecution on condition of education in connection with the Juvenile Delinquency Center, etc. The leading on condition of suspension of prosecution refers to first entry into the leading and disposing the suspension of prosecution according to the lapse. This has the advantage of being able to make a reasonable disposition specifically. The mediation on condition of suspension of prosecution refers to first entry into the mediation and disposing the suspension of prosecution when adjustment is achieved. Of course, We do not know how effective it will be in practice these measures. However, I think that this discussion is meaningful because it broadens the scope of thinking about existing opinion.