Japanese and Koreans invaded Asia. We apologize.

Jake Adelstein still does't understand judicial system

2019年01月12日 15時42分19秒 | Weblog



A suspect is not denied access to a lawyer in Japan.


第三十九条 身体の拘束を受けている被告人又は被疑者は、弁護人又は弁護人を選任することができる者の依頼により弁護人となろうとする者(弁護士でない者にあつては、第三十一条第二項の許可があつた後に限る。)と立会人なくして接見し、又は書類若しくは物の授受をすることができる。
Article 39 (1) The accused or the suspect in custody may, without any official being present, have an interview with, or send to or receive document : 書類(しょるい), 文書(ぶんしょ)documents or articles from counsel or prospective counsel upon the request of a person entitled to appoint counsel (with regard to a person who is not a lawyer, this shall apply only after the permission prescribed in paragraph (2) of Article 31 has been obtained).


What is denied is for a lawyer to be present with the suspect when a prosecutor interviews the suspect.

ゴーン氏、家族と面会できず、弁護士も立ち会えず…仏紙が批判する刑事手続に問題は?

「弁護士が事情聴取に立ち会えないというのは、外国人という特殊性からみるとむしろ問題だろうと考えています。取調べにおいて誤訳やニュアンスの違いは多くみられます。ただ、通訳も含め捜査機関が手配し、弁護人が関われる要素がないことから、そういった誤訳を知るのは起訴された後になってしまいます。意味を勘違いした『自白』ができ上がっていることすらあります。弁護人には取調べが適正かチェックする役割を持たせるべきでしょう


In France, the detention might be much longer
Excessive length of pre-trial detention of kidnapping suspect
Principal facts
The applicant, Nicolas Vosgien, is a French national who was born in 1986 and lives in Nice (France). On 15 September 2006 Mr Vosgien was arrested and placed in police custody on suspicion of
participation, with other persons, in abduction and imprisonment for the purpose of obtaining a ransom, armed assault committed jointly with others, rape and attempted rape. On 19 September
2006 Mr Vosgien and other individuals were placed in pre-trial detention by the liberties and detention judge at the Nice tribunal de grande instance. The applicant’s pre-trial detention was extended on several occasions, and lasted a total of four years and three months.

After several dismissals of his applications for release, the investigation division ordered the applicant’s release on 16 December 2010, noting that he had not appeared before the assize court following the most recent extension of his pre-trial detention.


French CODE OF CRIMINAL PROCEDURE


Article 145-1

Detention may not be in excess of four months in misdemeanour matters if the person under judicial examination has not previously been sentenced, in respect of a felony or an ordinary misdemeanour, to an unsuspended prison sentence of at least a year, and when he is at risk of a sentence of five years or less. In any other case, the liberty and custody judge may exceptionally decide to extend the pre-trial detention for period not in excess of four months, in a reasoned decision in accordance with the provisions of article 137-3 and delivered after a debate organised in accordance with the provisions of the sixth paragraph of article 145, where the advocate has been duly summoned according to the provisions of the second paragraph of article 114. This decision may be renewed following the same procedure, subject to the provisions of article 145-3. The total duration of the detention may not exceed a year. However, this time limit is extended to two years where one of the component parts of the offence was committed outside the national territory, or where the person is being prosecuted for drug trafficking, terrorism, criminal conspiracy, living off immoral earnings, extortion of money or for a felony committed by an organised gang and which
carries a sentence of ten years' imprisonment.

In exceptional cases, where the investigating judge must continue his enquiries and releasing the person under judicial examination would pose a particularly serious risk to persons and property, the investigating chamber may increase the period of two years provided for by the present article by a further four months. The investigating chamber, which the person under examination has the right to appear before in person, is seised by a reasoned decision from the liberty and custody judge, under the conditions set out by the last paragraph of article 137-1, and it rules according to the provisions of articles 144, 144-1, 145-3, 194, 197, 198, 199, 200, 206 and 207



素人のおれが簡単に調べられるのに・・・・外国特派員てテキトーなこといって報酬もらえるなんていいよなああ。

最新の画像もっと見る

コメントを投稿

ブログ作成者から承認されるまでコメントは反映されません。