Friday, May 14, 2021

Summary of facts (4)

 Failure of hostage justice

Prosecutors who have failed to obtain a mandatory confession no longer have strong evidence.

Hostage justice is, in other words, a confession-centered trial.
The prosecution failed to do so and has no evidence to convict Ghosn, so the outcome of the trial is visible.
What is not visible is the Japanese media and the people who have been guided by it.
The prosecutor's and judge's approach here is to make the trial as long as possible.

The signs are already appearing.
Even though they have been arrested for a year and three months, even the first trial date has not been specified.
Surprisingly, the reason why the deadline has been delayed is that prosecutors refused to disclose, and resisted, judicial bargaining in pretrial arrangements, which should have been a system for speedy and efficient hearings. Is tolerated by the court.
Prosecutors openly disregard even if they are in their own interests, even in the case of pre-arrangement procedures prescribed by law for the purpose of expeditious trial.

Abuse of escape cases

If a lawyer has been appointed, the trial proceedings must begin even if the defendant is not available.

Ghosn escaped while the court was delaying the date.
Just because a lawyer has been appointed, the accused has been unable to appear in court.
The Code of Criminal Procedure stipulates that even in this case, a trial procedure can be performed (Article 286-2 of the Act).
Nevertheless, the court has taken meaningless court proceedings.
Apparently, Ghosn's trial is likely to be suspended or dismissed.
That would be a complete violation of the Constitution and a criminal procedure law.

Operation Smokescreen

Prosecutors guided the public's attention to the immediate case.

Prosecutors have arrested ineffective ICPO arrangements and have fallen themselves into self-trapped ant hell.
The ICPO arrangements are based on the principles of Member States' egalitarianism and the World Parliament, and they do not know that prosecutors will be painful and frustrating if used in domestic poses or smokescreen operations.
First of all, it is required to agree the venue of the beneficiary within 40 days.
If the recipient is not Japanese, this is a natural procedure, and it is clear that failure will occur here.
Second, the arranger will receive a request for cancellation of international arrangements.
If you are seriously considering punishment for a crime, there is no reason to stay on the venue, so rejection of the agreement is judged to be dishonest.

No comments:

Post a Comment