"QAnon Sherman" convicted attack on US Congress in January this year
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According to CBS News, at least 36 defendants have been found guilty of plea and eight have been found guilty of serious charges.
Defendant known as "QAnon Sherman" who participated in the attack on the US Capitol on January 1th this year with the US Department of Justice on the 6rd ... → Continue reading
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Condemnation of charges
At the beginning of a criminal trialProsecutionThe side is in front of the accusedIndictment(Prosecution facts) After reading aloudPresiding judgeTo the accusedSilent rightAnnounced the existence of the accused, and the accused denied the charge (English: plea)I do.
The right to remain silent is guaranteed for plea and denial, and it is not necessary to plea.
- If the fact of the prosecution is admitted (confession case), the hearing is mainlySentencingWill be disputed.
- When denying the fact of prosecution (denial case)DefenseThe side will dispute the content and degree of the prosecution with the prosecution.
in JapanCriminal procedure codeIt is stipulated in Article 291, Paragraph 4.
The plea was originallyAnglo-American lawIt is a legislation of the Arraignment in.
At the beginning of a criminal trial, if the presiding judge asks the defendant "guilty or not guilty?" And the defendant answers "Not guilty."TrialIf you enter and answer "guilty (" Guilty. ")", You can skip the trial andSentencingEtc. onlyLegal courtto go into.in this case,juryIs omitted and only professional judges are referred.
The latter isBargainingIt is often done in relation to.
Far East International Military TrialAt the beginning of the (Tokyo Tribunal), this system was adopted, and some defendants faced resistance such as "I am responsible and cannot say that I am not guilty." There is an episode in which the defense counsel strongly persuaded him to answer "not guilty" because he could not make a trial if he pleaded guilty and could not disclose the facts that were the purpose of the Tokyo Tribunal.
However, in the criminal procedure law of the civil law system such as Japan, unlike the arrangement system of the Anglo-American law, even if the accused admits the fact of prosecution, it does not mean that the procedure is different from the denial case. ..
In other words, even in a confession case, it is necessary to prove the guilty body.