The Legislative Council, an advisory body for the justice minister, has proposed allowing victims of crime and members of their family to question defendants and witnesses as participants in trials for serious crimes such as murder, rape and kidnapping. The proposal was made in response to long-standing complaints from victims who say that their voices and feelings have not been properly reflected in criminal proceedings. It thus represents a step forward in crime victims' rights. Utmost care, however, should be taken in implementing the proposal. Objective evidence must continue to serve as the basis for court rulings, as must the principle that no punishment will be meted out if there is uncertainty about guilt.
Under the proposal, crime victims and members of their family would sit together with prosecutors if the court agrees. They would be allowed to question the defendant when, for example, the defendant denies involvement in the crime. Within the bounds of the facts on the basis of which indictment has been made, they would be allowed to express their opinions concerning facts related to the crime. They would also be allowed to express an unofficial opinion on suitable punishment.
Crime victims and members of their family would also be allowed to ask for compensation from defendants. The same judges handling the criminal case would decide on the amount if defendants are found guilty. If either side is dissatisfied with the compensation decision, it would become a civil suit matter.