Revised sex crime deposit system, trick aimed at reducing sentences becomes impossible... How to respond?

The criminal deposit system means that if the perpetrator fails to reach an agreement with the victim, he or she deposits money necessary to restore the victim's rights in the name of settlement money. This system has been considered as a mitigating factor in various criminal cases, including sex crimes.

This is clearly revealed in statistical data. According to KBS's analysis of 988 rulings to mark the first anniversary of the implementation of special provisions for criminal deposit in 2023, among 519 sex crime rulings, 365 (70.3%) of the rulings considered the defendant's unilateral deposit as an advantageous factor in sentencing. On the other hand, there were only 13 cases (2.5%) of judgments in which the victim's situation, such as the victim's intention to be severely punished, was not reflected at all in the sentence.

In reality, the majority of defendants turn to the criminal deposit system when they cannot reach an agreement with the victim. The deposit system is used as a trick to lower the level of punishment for perpetrators, regardless of the victim's intention to be severely punished. In particular, cases of abuse have continued to occur, such as so-called 'surprise deposit', in which money is deposited near the time of sentencing so that the court cannot confirm the victim's intention, and 'scam deposit', in which a defendant who has received a reduced sentence retrieves the deposit without the victim's knowledge. Accordingly, voices have grown both inside and outside the legal profession that the deposit system must be fundamentally improved.

Due to these problems, the revised Criminal Procedure Act and Deposit Act were implemented starting this year. Following the revision of the law, it became impossible to commute sentences for tricks that exploit the criminal deposit system. In particular, in the case of 'surprise deposit', Article 294-5 of the Criminal Procedure Act (deposit of money and hearing opinions of victims, etc.) was newly established to make it mandatory for the court to hear the opinions of victims.

In addition, a new regulation was established to prevent the offender from collecting the deposit without the victim's knowledge after receiving a reduced sentence. According to Article 9-2 (Restrictions on Recovery of Deposited Materials) of the Deposit Act, if the victim refuses to receive the deposited material or agrees to its recovery, recovery of the deposited material is impossible, except in cases where a decision not to indict or acquittal is made.

In line with these changes, sentencing standards are also changing. The Supreme Court Sentencing Committee held its 137th meeting last March and decided to revise sentencing standards for crimes such as sex crimes. In the case of sex crimes, the detailed sentencing standards were revised and the phrase 'including deposits' was deleted from the consideration of the overall sex crime sentencing standards.

Sentencing guidelines are a type of guideline that judges refer to when deciding on a sentence and do not necessarily have to be followed, but if a person deviates from the guidelines and wants to sentence a person, a separate reason must be written in the sentence. This is meaningful in that it takes into account criticism that although deposit is only a means of recovering damages, the phrase 'including deposit' may lead to a misconception that deposit alone is a natural mitigating factor.

So how should we respond to the changed deposit system? First, if you are a victim, we recommend that you write and submit a petition for strict punishment in order to prevent the offender from receiving an unfair sentence reduction. Additionally, in addition to criminal punishment, you can claim financial compensation for mental and physical damage through a civil lawsuit, so it would be a good idea to exercise your rights as a victim by consulting with an expert.

It has become difficult for perpetrators to expect a reduction in sentence by relying on the bond system. If the deposit is made without reflecting the victim's wishes, there is an increased possibility that it will have a negative impact on the outcome of the case. However, as agreement with the victim is the most important factor in sentencing, it can be said that it is important to obtain professional assistance and produce meaningful results rather than reacting haphazardly.
 

Small Business Team

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With the revision of the sex crime deposit system, the trick to reduce sentences becomes impossible... How to respond? (Shortcut)