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🏛 | Sakura wo Miru Kai "The secretary did it" is the curtain?Lawyer group "Pursuing Mr. Abe's responsibility persistently"

Photo Prime Minister Abe chatting with invited guests at "Sakura wo Miru Kai" (from Prime Minister's Office website)

The curtain is closed at the cherry blossom viewing party "The secretary did it"?Lawyer group "Pursuing Mr. Abe's responsibility persistently"

If you write the contents roughly
As a result, Mr. Abe was not charged and the first public secretary was briefly charged.

On December 12, the Tokyo District Public Prosecutor's Office suspected former Prime Minister Shinzo Abe over a dinner party held the night before the "Sakura wo Miru Kai". → Continue reading

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Wikipedia related words

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Summary procedure

Summary procedure(Ryakushiki te continued) refers to a simplified procedure that is not generally a formal method, especiallyCriminal procedure codeThen.trialBy a simple method without doingCriminal trialRefers to the pretrial procedure. ProsecutorIs under the jurisdiction裁判 所(Summary court) To perform this procedureInformal prosecution(Ryakushikiso), the order issued by the court before the trial by this procedureInformal instructionIt's called (Ryakushiki Meirei).Code of Criminal Procedure (Showa 23 YearLaw No. 131) is stipulated in Volume 6 (Articles 461 to 470).

Requirements for informal procedures

  1. The case belongs to the jurisdiction of the summary court.
  2. Less than 100 yenfineOrFeeIt is an incident that can impose.
  3. About the informal procedureSuspectThere is no objection to.

Request for informal procedure

When a public prosecutor requests a summary order, he / she should go to the summary court under his jurisdiction.prosecutionMust be submitted in writing at the same time as the submission of (Criminal Procedure Code, Article 462, Paragraph 1).However, in practice, it is sufficient to add the wording of the summary order request to the indictment, and it is not necessary to prepare a separate invoice.

The prosecutor explained to the suspect in advance what is necessary to understand the summary procedure, informed him that he could be tried in accordance with the usual rules, and whether there was any objection to the summary procedure. Must be confirmed.If the suspect has no objection to the summary procedure, he / she must clarify it in writing and will be attached when the prosecutor requests the summary order (Code of Criminal Procedure Article 461-2, Article 462, paragraph 2).

Informal instruction

At the request of the public prosecutor, the summary court, at the request of the public prosecutor, for a case belonging to its jurisdiction, before the trial, by a brief order, less than XNUMX million yenfineOrFeeCan be imposed.In this casePunishment OfPostponement of executionThen,ConfiscationAnd other incidental dispositions can be taken (Article 461 of the Code of Criminal Procedure).

For informal instructions,

  1. crimeFacts to be
  2. Applicable laws
  3. Penalties to be imposed and incidental dispositions
  4. A formal trial can be requested within 14 days from the date of notification of the informal order.

Must be shown (Article 464 of the Code of Criminal Procedure).

Request for formal trial

The person or prosecutor who received the informal order shall be within 14 days from the date of receiving the notification.trialYou can make a claim.This request shall be made in writing to the court that issued the informal order.When a request is made, the court shall promptly notify the public prosecutor or the person who received the informal order (Article 465 of the Code of Criminal Procedure).

The request can be withdrawn until the first instance decides (Article 466 of the Code of Criminal Procedure).

In addition, if the content of the case is complicated and it is difficult to find out the truth only by a written hearing, or a sentence other than a fine is appropriate (Abbreviated), If the court decides, a normal trial must be conducted (Article 463 of the Code of Criminal Procedure).

Effectiveness of informal order

The informal order has the same effect as the final judgment as the period for requesting the formal trial elapses.The same applies when the request for a formal trial is withdrawn or when the request for a formal trial is dismissed (Article 470 of the Code of Criminal Procedure).

On the other hand, when a decision is made at the request of a formal trial, the summary order loses its effect (Article 469 of the Code of Criminal Procedure).

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