``I want to stop using Twitter as much as possible'' Akiba, a 23-year-old man who was indicted at home for slandering the bereaved family of the Ikebukuro accident...
If you write the contents roughly
In March of this year, Yuuri was indicted without detention for defaming the bereaved family of the Ikebukuro runaway accident on SNS.
The work of the Metropolitan Police Department, such as posting "Remember what will happen in Akihabara" on Twitter and canceling the pedestrian paradise ... → Continue reading
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Wikipedia related words
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In a criminal procedureProsecutionMeans the prosecutor's disposition for prosecution.
What are the proceedings?prosecutionRefers to the requirements for pursuing, substantive trials and trials of cases, of which the legal requirements for prosecution are particularlyProsecution conditionsAlso called.
The prosecution isIndictmentMust be submitted (Code of Criminal Procedure, Article 256, Paragraph 1).Indictment single principleTherefore, in principle, it is illegal to attach documents (such as evidence documents) that may cause the judge to prejudice or to cite the contents of the prosecution (paragraph 6 of the same Article).
The indictment shall include the following:Code of Criminal Procedure, Article 256, Paragraph 2, Paragraph 4 of the same Article).
- Defendant's name and other personal matters
- Prosecution facts
- Offenses and penalties
Risk of escape or destruction of crimes, etc.detentionOccurs when the requirements ofThe only difference is that the content of the trial is not detained, and the criminal procedure itself proceeds as if the detained suspect had been prosecuted.
Brief trialAlso occurs when is selected.
Criminal Procedure Code Article 248ByProsecutorCan not file a lawsuit in the case (so-calledProsecution opportunism).Choosing not to prosecute the suspect as a final dispositionDismissalHowever, the classification of the ruling in this disposition isCase Affairs Regulations Article 75It is stipulated in Section 2.
Unlike trials, decisions on final dispositions, including non-prosecution, are made privately, and the public prosecutor's office often does not clarify the reason for non-prosecution.However, while the prosecutor is legally obliged to keep confidential (Article 100, Paragraph 1 of the National Civil Service Law), the prosecutor can freely publish the provisions that impose an obligation to publicize the reason for non-indictment to the media. There is no provision to say.
The public prosecutor must promptly inform the suspect of the request of the suspect in the case of non-indictment (Article 259 of the Code of Criminal Procedure, Case Affairs Regulations).Article 76 paragraph 1based onNotification of non-indictmentby.However, there is no particular notification of the reason and the main text of the ruling, only the fact that the prosecution has not been prosecuted. ).
The public prosecutor shall promptly notify the complainant, accusator or claimant (obligatory) when the alleged case is a complaint, accusation or claim, and if the case is filed or not prosecuted. Must be notified (Disposal noticeaccording to.Article 260 of the Code of Criminal Procedure, Case Affairs Regulations60 article).
In this case, if there is a request from the complainant, accusator or claimant, the reason must be promptly notified to the complainant, accusator or claimant (Notification of reasons for non-indictmentby.The above-mentioned main text of the ruling (insufficient suspicion, etc.) is to be stated in this document.Article 261 of the Code of Criminal Procedure, Case Affairs RegulationsArticle 76 paragraph 2).
The following is a list of the categories stipulated in Article 75, Paragraph 2 of the Case Affairs Regulations.
- (1) Suspect died
- When the suspect dies.
- (2) Disappearance of corporations, etc.
- When the suspected corporation or group subject to punishment disappears.
- (3) No jurisdiction
- When the suspected case does not belong to the jurisdiction of Japan.
- (4) No first jurisdiction / non-exercise
- US-Japan Status Agreement(昭和35年条約第7号)、日本国における国際連合の軍隊に対する刑事裁判権の行使に関する議定書(昭和28年条約第28号)もしくは日本国における国際連合の軍隊の地位に関する協定(昭和29年条約第12号)に基づき、我が国に第1次裁判権がないとき、また前3号もしくは次号から第20号までのいずれかに該当する場合を除き我が国が第1次裁判権を行使しないとき(第1次裁判権を放棄したときを含む。)。
- (5) Accusation / accusation / lack of claim / invalidity / cancellation of antragsdelikt
- When there is no accusation, accusation or claim, when it is invalid or when it is canceled, for a crime that should be discussed in the context of an antragsdelikt or accusation or claim.
- (6) Lack of notification
- When it is not possible to file a prosecution pursuant to the provisions of Article 35 of the Road Traffic Act (Act No. 105 of 130), or when it is not possible to bring it to a family court trial pursuant to the provisions of the same Article.
- (7) Penalty paid
- When a prosecution cannot be filed pursuant to the provisions of Article 128, Paragraph 2 of the Road Traffic Act, or when it is submitted to a family court trial pursuant to the provisions of the same paragraph (including the cases where it is applied mutatis mutandis pursuant to Article 130-2, Paragraph 3). When you can't.
- (8) There is a final judgment
- When there is already a res judicata judgment on the same fact.
- (9) Protected
- When the same fact has already been protected under Article 24, Paragraph 1 of the Juvenile Law.
- (10) Indicted
- When a complaint has already been filed for the same fact (including the case where the complaint has been revoked).However, this does not apply to item 8.
- (11) Abolition of punishment
- When the sentence is abolished by the law after the crime.
- (12) Forgiveness
- When the alleged fact is a crime related to forgiveness.
- (13) Completion of aging
- When the statute of limitations for the prosecution is complete.
- (14) Criminal minor
- When the suspect is under the age of 14 at the time of the crime.
- (15) Loss of mind
- When the suspect was demoralized at the time of the crime.
- (16) Not guilty
- When the alleged fact does not meet the criminal constitutional requirements, or when it is clear from the evidence that there is a reason to prevent the crime from being committed.However, this excludes cases that fall under item 2 above.
- (17) No suspicion
- When it is clear that the suspect is not the actor, or there is no evidence to confirm the success or failure of the crime.
- (18) Insufficient suspicion
- When there is insufficient evidence to confirm the establishment of a crime with respect to the alleged fact.
- (19) Exemption from punishment
- When the suspicion is clear and the sentence should be exempted by law.
- (20) Postponement of prosecution
- When the suspect's facts are clear and the suspect's personality, age and circumstances, the severity and circumstances of the crime, and the post-crime situation do not require prosecution.
In the past, the term "prosecution" was also used in civil proceedings, but as of 2021Civil Procedure CodeThe word "prosecution" is not used in such laws and regulations, and it is a remnant of the former Code of Civil Procedure.Prohibition of double prosecutionIs used,Civil protectionIn the procedureProsecution orderThere is only a remnant of that.
- Summary procedure
- Prompt decision procedure
- Prosecution delay
- Referee system
- Prosecution examination committee