Proceedings
Introduction - Procedure for court proceedings
In conjunction with the prosecution’s indictment of the defendant, the court proceeds with the trial as follows
- 01. Trial preparations
- 02. Submittal of opinions
- 03. Perusal and making copies of evidences
- 04. The defendant’s right to refuse to make a statement
- 05. Ascertaining the defendant’s identity
- 06. The prosecution’s opening statement
- 07. The defendant’s opening statement
- 08. The chief judge’s arrangement of the points in question
- 09. Investigation of evidence
- 10. Examination of the defendant
- 11. Statement of the prosecutor’s opinion on the punishment and the defendant’s pleadings
- 12. End of pleadings and the court’s announcement of the judgment
Investigation of evidence
When the chief judge finishes arranging the points in question and the prosecutor and the attorney finish making their statements on matters concerning the evidence and other matters, the court examines the evidences (i.e., witnesses, physical evidences, documentary evidences, etc.) in order to examine the facts concerning the case and assess the relevant situation.
When the defendant accepts the facts as stated in the indictment document, the court conducts a simplified examination of the evidences as per the simplified trial procedure. If the defendant does not accept the facts stated in the indictment document but consents to the validity of the evidences submitted by the prosecutor, the court passes a judgment based on those evidences. If the defendant accepts neither the facts stated in the indictment document nor the validity of the evidences submitted by the prosecutor, the court examines the validity of the evidences. If the defendant does not accept the validity of the witness statement drawn up by the prosecutor, for example, the court summons the witness and examines him/her.