Proceedings
Introduction - Procedures for Trial
In cases where a prosecutor instituted an indictment against a criminal defendant, the court will conduct the trial in the following manner:
- 01. Preparation of and Procedures for Trial
- 02. Submission of Written Opinion
- 03. Inspection and Copying of Evidence
- 04. Criminal Defendant’s Right to Remain Silent
- 05. Identification Question
- 06. Opening Statement of the Prosecutor
- 07. Opening Statement of Criminal Defendant
- 08. Presiding Judge’s Organization of Issues and Other Matters
- 09. Examination of Evidence
- 10. Examination of Criminal Defendant
- 11. The Prosecutor’s Proposal of Punishment and the Criminal Defendant’s Pleadings
- 12. Closure of Pleadings and Pronouncement of Judgment
Examination of Evidence
The court examines various evidences (witnesses, materials, and documents) to judge the facts of the case and the sentence. The examination of evidence occurs after the completion of testimony regarding the presiding judge’s organization of the issues and the prosecutor and defense counsel’s testimonies with respect to the evidence.
If the criminal defendant makes a confession on the facts charged, the examination of evidence will be done in a simplified manner according to the summary trial procedure. Even if the criminal defendant denies, the decision will be made based on the evidence submitted by the prosecutor, if agreed thereto. If there is no agreement, the authenticity of the evidence will be examined again at the court. For example, if the criminal defendant does not agree with the statement of testimony prepared by the prosecutor, the person who has provided such testimony is called as a witness for questioning.