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No. 851
##The
trial in Japan flows.
There are a thing boiling police station to get help
too much and a court not to want get help.
However, may be when it may be involved in the what
time case when and suffering a loss, too.
Whatever it knows を about whether or not the trial
is for such a case, there will are not loss.
It thinks that it wants to attend whether or not a
trial is done in how flowing today in the meaning
later on.
When violating a law, that the person who was
doubted when becoming the sin is complained of is
called " a prosecution ".
A trial is opened when prosecuted.
The person who concerns a trial is a defendant, a
defense lawyer, a prosecutor, a judge and so on.
Besides, an injured party and a witness are
sometimes called as occasion demands, too.
1) The artificial decision
question
When a trial is opened, the judge does the question
whether or not which is a defendant really to the
defendant.
This asks an artificial decision.
It is terrible if trying a different person in
court.
However, actually, it is possible to call one like
the ritual which does a pro forma because such a
thing isn't unlikely.
2) The declamation of the indictment
Next, the prosecutor reads out the indictment.
The contents such as " complaining because the
defendant committed such a this this crime "
There is an implication which clarifies an
accusation.
3) Announcement of the privilege against
self-incrimination to the defendant and so on
When the indictment is read out, the judge announces
that there is a privilege against self-incrimination
to the defendant.
4) The arraignment
Next, it is the turn which the defendant who heard
an indictment answers.
The judge asks whether or not the indictment is as
it or whether or not it is different.
When answering " that it doesn't commit a such crime
", next, the opening statement of the prosecutor
starts.
5) The opening statement
In the opening statement, the prosecutor states the
whole picture of the case in detail.
It is possible to insist on the reason for the
prosecution's demands strongly, i.e. to say that it
is the point of the arm of the prosecutor to the
judge.
6) The request of the searching evidence
When the opening statement of the prosecutor ends,
the judge seeks to show the evidence.
The prosecutor and the defense lawyer exchange in a
variety of opinions about the evidence.
7) The concluding argument and the prosecution's
demands
It puts an end to the exchange of the opinion of the
defense lawyer and the prosecutor by the concluding
argument of the prosecutor.
It says " the concluding argument prosecution's
demands ", too, because it does prosecution's
demands in case of concluding argument's being the
last opinion and wishing to give the defendant such
a penalty.
8) The judgment
Via above mentioned process, a trial is concluded
and the judge passes a decision.
Judgment is assumed to have to be done in the
immediateness of the defendant.
9) Appellant
When making judgment dissatisfied, the party can be
appellant.
To be appellant means that the party who the
judgment at the court of first instance has a
discontent demands review to the superior court.
Moreover, the party who the judgment in the Appeal
Tribunal has a discontent can appeal to a higher
court.
2005/02/05 |
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Posted by
TAMAGOYA
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