Problem of Victim Reporting a Criminal Case to Inquiry Official

Abstract

              This academic article aims to study problem of victim reporting a criminal case to inquiry official and misusing principle of discretion by rejecting the complaint, so the victim fails to access to justice.  

            According to the study, the was found that once a victim reported the fact to an inquiry official. After that, the inquiry official had duty to investigate and had the principle of discretion interpreted the fact with legal provisions, so that the inquiry official justified reasons to whether accept the fact as a criminal case. In case the inquiry official employed the principle of discretion lawfully, the victim could access to justice. Nevertheless, if the inquiry official misused the principle of discretion, intended to reject the rights of victim from the very beginning and lacked consideration of fact and legal provision, the victim failed to access to justice complaint.

            Consequently, to ensure the justice of victim from the very beginning, the inquiry official should perform duty without prejudice and stick to principle of respect of victim’s rights equally as well as without discrimination based on personal status. The principle of discretion should be adopted fairly and justly. Their superior affiliation should cultivate consciousness among inquiry officials to ensure they do respect in their career to remind once they pledged that they sacrifice themselves for public benefits. The problems of a small number of officers, inexperienced officers, unskilled officials transferred from the suppression division and pay far below workload should be solved. With solved problems, image of inquiry officials could be recognized and trusted by people.