Photo Nissan CEO Nishikawa (May 2019)
Summoning witnesses from the former president of Nissan Nishikawa from today ... The Ghosn case that I had forgotten [newspaper watch]
If you write the contents roughly
In Nishikawa's witness cross-examination, it is also worth noting how to explain the in-house investigation that was carried out under the hood and triggered the investigation.
Former chairman of Nissan Motor Co., Ltd., who had forgotten completely due to the spread of the new coronavirus infection that has continued for over a year ... → Continue reading
Wikipedia related words
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Evidence as a legal term
Evidence as a legal term isEvidence methodIt has three different meanings.
Evidence method (Shokohoho)
It is a tangible object that provides materials for recognizing facts.judgebyExamine evidenceWho is the target ofObjectIt has a meaning close to the term "evidence" as an everyday term that can be put out in front of you.
Evidence material (Shokoshiryo)
It is a material for recognizing the facts, and refers to the content obtained by the judge from the evidence method by examining the evidence.witnessTestimony andDocumentary evidenceRefers to the contents of the description.
Evidence cause (shokogenin)
Evidence material adopted by the judge for the formation of evidence,The partyThe proof activity will be carried out with the aim of providing the judge with as many sources of evidence as possible in his favor (an example of a criminal procedure, but due to insufficient evidence, he was released on hold).News (Chinese)The expression often seen in is using "evidence" in the sense of this cause of evidence. ).
Evidence and proof
A person or thing in a proceedingEvidence methodQualifications that can be used asEvidence abilityIt's called (Shoko no Uryoku).すなわち、証拠能力のない人、物、書面等については、これを取り調べてIn other words, for people, things, documents, etc. without evidence ability, investigate this.Fact findingCannot be used for.
On the other hand, to the extent that certain evidence is actually useful in finding the facts to be proved,Proof power(Shomeiryoku), evidence power, evidence value.For example, if you have obtained evidence by investigating a document with evidence, but the content is unreliable or has little to do with the facts to be proved,Fact findingBecause it is useless for, the proof power is low.
Classification by nature
There are the following classifications depending on the nature of the evidence.
Human and physical evidence
- The proof method is a person (witness,Appraiser) Is human evidence, thing (Documentary evidence) Is called physical evidence.
Evidence of statement and non-statement
- Evidence that contains a person's statement (statement of a fact in words) is called confession evidence, and evidence that is not is called non-statement evidence.
Classification by function
There is some evidenceFactsIt can be classified as follows according to what it means in relation to.ここで要証事実とは、証拠によって証明すべき事実をいい、民事訴訟では契約締結の有無といったHere, the facts required to be proved are facts to be proved by evidence, and in a civil lawsuit, whether or not a contract has been concluded.Key factsTo say.刑事訴訟では、犯罪事実（被告人が犯人であるか、また実行行為、結果の発生、故意といったIn criminal proceedings, criminal facts (whether the accused is the criminal, the act of execution, the occurrence of the result, intentional, etc.Configuration requirementsFacts that correspond to)IllegalityReason for blocking,responsibilityThe reason for blocking.
- The following direct evidence and indirect evidence are collectively called circumstantial evidence.
- Evidence that directly proves the main facts is called direct evidence.For example, in a civil lawsuit, the contract or the statement of the party to the effect that the contract has been concluded isAgreementIt provides direct evidence of the existence of.In criminal proceedings, the witness testimony of the victim / witness and the confession of the accused are direct evidence of the fact of the crime.
- If the direct evidence is credible, the facts to be proved can be found.
Indirect evidence(Situational evidence)
- Indirect factsEvidence that proves (facts that infer the main facts) is called indirect evidence (situational evidence / circumstantial evidence).For example, in a criminal litigation, the evidence that the accused was witnessed near the crime scene before or after the time of the crime, or the evidence showing the existence of the motive, does not directly indicate the facts to be proved. Indirect facts such as "the accused was near the crime scene before and after the time of the crime" and "the accused had a motive" are the basis for inferring the evidence that the accused committed the crime. It becomes proof.Indirect evidence is also called circumstantial evidence, but it should be noted that the term circumstantial evidence is used in an ambiguous manner, as it is sometimes used to refer to indirect facts.
- Auxiliary factsEvidence that proves (facts regarding the proof power (credibility) of substantive evidence) is called auxiliary evidence.
- For example, evidence that the area was bright when a witness witnessed the criminal does not in itself prove the criminal fact, nor does it indirectly infer it.However, it is ancillary evidence because it is evidence that enhances the credibility of the witness's testimony that "the criminal I witnessed must be the accused."Conversely, evidence that reduces the credibility of testimony is also auxiliary evidence.
- Auxiliary evidence that enhances the proof power of substantive evidence is called augmented evidence, and auxiliary evidence that decreases it is called impeachment evidence.In addition, auxiliary evidence that restores the proof power of substantive evidence weakened by impeachment evidence is called recovery evidence.
- Of these, the term impeachment evidence may be limited to different statements made by one witness (or accused) on another occasion (see Code of Criminal Procedure, Article 328).
Evidence in civil lawsuits
Positioning of evidence
Civil actionInFacts without conflict between the parties(The fact that a court confession was established) andNotable facts(Noticeable facts in court)[Annotation 1]Can be used as the basis for the judgment as it is, and there is no need to prove it by evidence (Oralism,Article 179 of the Code of Civil Procedure).Therefore, it is only necessary to prove by evidence the facts (issues) that are in dispute between the parties.
Then, the court will examine the evidence (evidence material) andargumentBased on the whole purpose ofFree evaluationByFact findingI do(Article 247 of the Code of Civil Procedure).The whole purpose of the argument(Benron no Zenshu) is the content of the party's allegation itself, the attitude of the allegation, and the circumstances of the proceedings, it should make a certain claim or offer some evidence, but did not do this. All circumstances in oral argument, such as being late in time, disagreeing with the other party's claim at first but later, and avoiding explanation to the court or the other party's question. Say (Grand courtJudgment on October 3, 10).In this way, in addition to the result of the examination of evidence (evidence material), the whole purpose of the argument is included in the cause of evidence.
In civil lawsuits, there is no limit to the ability of evidence in principle.
Type of evidence
Civil Procedure CodeAs the evidence method specified above,documents, Verification,witness,The partyThere is a person and an expert witness, and according to theseExamine evidenceThe method is defined.
- Examining a document Examining evidence is called documentary evidence and is performed by a judge reading the document.The evidence material obtained by this is the content of the document.
- As a means of collecting evidence documents, under the Code of Civil ProcedureDocument submission order(Articles 220 to 225 of the same law)Document sending commission(Article 226 of the same law) is stipulated.
- In principle, the original documentary evidence is used when interrogating the documentary evidence, but when interrogating the documentary evidence, a copy is usually submitted to the court and the other party, and the original document is usually returned.なお、写し作成に当たっての偽造はForgery when making a copyDocument forgeryHit
- Examining the verified object Examining the evidence is called verification, and it is performed by the judge directly observing the condition of the verified object.The evidence material obtained by this is called the "verification result".
- (Civil Procedure Law Articles 232 and 223) and (Civil Procedure Law Articles 232 and 226) are stipulated as means for collecting evidence verification materials.
- Examining witnesses Examining evidence is called witness cross-examination, in which judges and parties ask witnesses verbally and ask them to answer verbally (Civil Procedure Code, Articles 190-206).The evidence obtained by this,testimonyThat.
- Witnesses can be anyone but the parties (and the legal representatives who pursue the proceedings on their behalf).
Interrogation of the parties (interrogation of the person)
- Cross-examination of evidence for investigating the parties (plaintiffs / defendants) and the legal representatives (representatives) who pursue the proceedings on their behalf is called cross-examination of the parties, and is conducted in the same manner as the cross-examination of witnesses (Civil Procedure Law Articles 207-211). Article).これによって得られる証拠資料は、当事者本人・代表者のThe evidence material obtained by this is the person concerned / representative.Statement.
- The party himselfPerjuryIt differs from witnesses in that it is not subject to.
- Examining the expert witness The examination of evidence is called expert witness, and is conducted by having an expert witness with special academic experience express his or her specialized knowledge and opinions in writing or orally (Civil Procedure Code, Article 215, Paragraph 1).The evidence material obtained by this is called an appraisal opinion.The court is not bound by this.
- The courtGovernment officeThe results of this commissioned investigation are also evidence.
Evidence in criminal proceedings
Positioning of evidence
Criminal procedure codeHas a clear statement that fact-finding is based on evidence (Article 317 of the same law, evidence trial principle).Therefore, in order to find a criminal fact, it is necessary to go through the statutory evidence examination procedure for evidence with evidence ability (proof by evidence that has evidence ability and has undergone the statutory evidence examination procedure,Strict proofCalled).
In addition, there are strict restrictions on the ability of evidence as described below.
Type of evidence
Under the Code of Criminal Procedure, there are documentary evidence, evidence, and personal identification (witness, expert witness) as evidence methods, and each method of examining evidence is stipulated.
Interrogation of documentary evidence
- Interrogation of evidence documents is by reading (Article 305 of the Code of Criminal Procedure).However, the presiding judge may, when he / she finds it appropriate, give a notice of the gist instead of reading aloud (Article 203-2 of the Code of Criminal Procedure).Currently, much of the practice of criminal litigation is carried out by announcing the gist.
Interrogation of evidence
- Interrogation of evidence is carried out by showing evidence (exhibition) (Criminal Procedure Code, Article 306).
- Examining witnesses is a witness cross-examination (Article 304 of the Code of Criminal Procedure).
Expert witness cross-examination
- When an expert witness reports the expert witness verbally, it is called expert witness cross-examination.The provisions of witness cross-examination apply mutatis mutandis to expert witness cross-examination (Article 171 of the Code of Criminal Procedure).
- The accusedSilent right(Criminal Procedure Code, Article 311 (1)), but if you make a statement voluntarily, the statement will be evidence material regardless of whether it is advantageous or disadvantageous to the accused.
Limitation of evidence capacity
The Code of Criminal Procedure severely limits the ability of evidence (qualifications that can be evidence).
In order for evidence to be recognized
- (1) Being naturally related
- (2) Being legally relevant
- (3) Do not ban evidence
Also, an example of hearsay isIllegal Collecting Evidence Exclusion Law.
- Since the accused's malignant personality, criminal record, existence of Yu Zui, etc. are not related to the criminal facts, the criminal facts cannot be found based on these.
- ConfessionIs the most important proof, but at the same timeFalse accusationSince it is also dangerous evidence that produces, its ability to prove is limited.
- That is,Article 38 of the Constitution of JapanThe second argument is "forced,tortureOrIntimidationConfession or unreasonably longDetentionOrDetentionThe confession after being made cannot be evidence of this. In response to the provisions of this Constitution, Article 319, Paragraph 1 of the Code of Criminal Procedure also states that "confessions due to coercion, torture or intimidation, confessions after being detained or detained for an unreasonably long time, or other suspicions that have not been voluntarily made." One confession cannot use this as evidence. "
- Although it is not a principle of proof ability, the accused is not guilty of confession if the only evidence that is disadvantageous to him is the confession of the accused.Reinforcement law(Article 38, Paragraph 3 of the Constitution, Article 319, Paragraphs 2 and 3 of the Code of Criminal Procedure).
- Defendant's right to cross-examine (Article 37 of the ConstitutionHearsay evidence is also excluded for the purpose of guaranteeing (2) and discovering the substantive truth.
- In other words, in principle, it is not possible to use a document as evidence instead of a statement on the trial date, or a statement containing the statement of another person outside the trial date as evidence (Criminal Procedure Code, Article 320, Paragraph 1).
- In addition to the above-mentioned explicit provisions, it is a case law and common wisdom to deny the evidence capacity of illegally collected evidence (Illegal Collecting Evidence Exclusion Law).
Evidence in the Administrative Litigation Act
Civil actionAccording to the example of.
It should be noted that, in certain cases, the facts that have been legally found are binding on the court when there is substantive evidence to prove this (substantial evidence law).
- (99) In the case of an action to cancel the decision of the Radio Control Council regarding the decision on the request for examination of the disposition of the Minister of Internal Affairs and Communications based on the Radio Law (Article XNUMX of the same law)
- (52) In the case of a proceeding against the ruling of the Arbitration Committee based on the Law Concerning Land Use Adjustment Procedures for Mining, etc. (Article XNUMX of the same law)
Is recognized for.
- ^ It is said that there are known facts and facts that are prominent in the job (for example, decisions made in the same court).
- Fact finding - Libertarianism
- Examine evidence
- Documentary evidence - documents,Statement
- Personal identification - perjury
- Hearsay evidence
- Case evidence
- Crime of concealing the criminal and destroying evidence
- Best evidenceism -
- Prohibition of hearing evidence -
- Illegal Collecting Evidence Exclusion Law - Fruit of the poisonous tree(USA)
- Secret disclosure
- Reinforcement law