The entire court instantly fell into quite a chaotic scene. The bailiffs shouted loudly to maintain order, and Shi Cun, who had fainted, was carried to the middle of the aisle. In less than a few minutes, several judge assistants rushed to the courtroom, looking anxious.

With a look on his face, he stood by the aisle and quickly called the emergency phone. The spectators at the scene were immediately ordered to leave the court.

Soon, only the judge, prosecutor, Niwa who was traveling with Ishimura, Kitahara, Miyagawa, the judge's assistant, and the bailiff were left in the criminal court.

"Xianghui!" Morimoto also wanted to step forward to check, but was held tightly by the judicial police next to him.

Beiyuan stood at the gate of the trial court. After seeing the first responders in white clothes appearing not far away, he immediately waved and guided them to come here.

When the ambulance crew arrived, Ishicun opened his eyes in a daze. After some on-site inspection, the female researcher was not seriously injured. But in the end, out of caution, Ishicun was allowed to lie down on the mobile

The emergency bed was sent directly to the basement of the court through the special channel where judicial police usually escort suspects. After getting into the ambulance, they went to the hospital for observation.

Seeing that the defendant's family members were safe and sound, Judge Sakuma couldn't help but let out a long sigh of relief. Ishimura's fainting look just now really scared him. If there really is something wrong, he can't run away with a punishment. Then,

Judge Sakuma looked at Iwanaga and Kitahara and said in a deep voice:

"The trial is temporarily suspended. You two, come to the attic at the back!"

…

…

…

Tribunal building, 3rd floor, courtroom.

There is a desk in the pavilion, and there is a coat rack next to it, with a black robe already hung on it. Judge Sakuma is sitting in the back, his brows slightly wrinkled. I originally thought that this afternoon's case would be a plea and punishment case.

Even if ordinary procedures are used, it will not take more than 1 hour at most.

Unexpectedly, this case eventually turned into a not guilty plea case.

There are also rare situations where the defendant pleads guilty and accepts punishment, but the lawyer has to hold the view of innocence.

Kitahara Yiichi...Judge Sakuma silently recited this name in his mind. He had heard Judge Takanashi mention this lawyer's name at the judge's dinner before, saying that he had left it to her in the previous plagiarism case of ancient books.

A very deep impression.

As a result, the lawyer has now posed to himself the legal problem of whether the confession of guilt and punishment in this case is still valid.

Judge Sakuma then raised his head and looked at Iwanaga and Kitahara in front of him, "I'm calling you here now to discuss the validity of the confession of guilt and punishment in this case. Lawyer Kitahara, let me ask you now, the defendant has clearly confessed his guilt and accepted punishment.

Now, do you still want to insist on your not guilty plea?"

Beihara stood in front of the desk, smiling, like a very shameless child who did bad things, "Yes, the referee. I'm sorry, I have to insist on the defense of innocence. The evidence and materials on file are not convincing."

I, Morimoto, am guilty."

Iwanaga snorted coldly, "Chief referee, the other party is obviously sophistry! The defendant and the defense lawyer have a client-agent relationship, and the opinions expressed by the defense lawyer should be regarded as the defendant's opinions. If the lawyer makes a not guilty plea, it should be considered that the defendant refuses

Plea guilty! Unless Morimoto terminates the defense lawyer’s client relationship, it should be deemed that Morimoto acknowledges the defense lawyer’s point of view!”

After the words fell, Kitahara replied directly: "In this case, Morimoto entrusted me and lawyer Miyagawa to serve as defenders. Lawyer Miyagawa agreed with Morimoto's view of pleading guilty and accepting punishment, and defended with a lighter crime. If my opinion counts as Morimoto's

point of view, then whose point of view should lawyer Miyagawa’s point of view be counted as?”

"You!!" Iwanaga was choked by Kitahara again. He discovered more and more that this young lawyer seemed to always find strange angles to attack, and stabbed him secretly. This kind of sophistry ability is really impressive.

Hate!

Iwanaga spoke again: "Then you can withdraw from this level of trust and leave another lawyer!"

"Okay! Stop arguing. This is not a court debate!" Judge Sakuma stopped him, "Now, Prosecutor Iwanaga, please tell me the basis for your withdrawal of the recognizance letter and sentencing recommendation."

Iwanaga immediately replied, "Although the defendant Morimoto appeared to plead guilty and accept punishment, and at the same time pretended to disagree with the lawyer's views on the defense of innocence. However, he did not terminate the defense lawyer's commission, which should be regarded as acquiescence to the defense lawyer's views. Therefore, he actually violated

The conditions for confession and punishment stipulated in the recognizance document were met.”

Judge Sakuma listened to Iwanaga's answer, thought for a moment, and then said, "Lawyer Kitahara, please tell me why you think the confession of guilt and punishment is still valid."

Kitahara immediately said, "The confession of guilt and punishment is a document signed by the state's public authority, the defendant, and the lawyer. The binding force of the recognizance should only be bound to the signatory of the document. In Morimoto's case, I only accepted him last week.

Entrustment by family members. Although Morimoto had previously entrusted other lawyers to sign the plea agreement and punishment agreement, I did not participate in the previous process. There was no signature on the plea agreement agreement, so the agreement in this case had no legal effect on me.

, does not prevent me from making a plea of ​​not guilty."

Iwanaga quickly retorted: "Even if you did not sign the recognizance letter, the lawyer's previous signature and the defendant's guilty plea actually constrained you, and you must abide by the contents of the recognizance letter."

"Even if we take a step back, the lawyer has signed the recognizance document before." Kitahara said, "However, the current law does not stipulate the status of the defense lawyer's signature on the recognizance document. The signature of the lawyer on the recognizance document is both

It can be understood as an agreement to the recognizance letter, but it can also be understood as merely a witness to the relevant process, rather than an approval of the content. Therefore, even if the lawyer signs the recognizance letter, it cannot prevent him from making a defense of innocence."

This chapter is not over, please click on the next page to continue reading! Judge Sakuma fell into thinking again. He felt that the question in front of him was really a hot potato. After a few minutes, the judge said: "The plea agreement is

Documents signed by national public authorities should not be overturned at will under normal circumstances."

"Prosecutor Iwanaga. Considering the current case, the lawyer has to defend not guilty. The result of the first instance verdict may cause dissatisfaction on both sides of the prosecution and defense. There is a high possibility that this case will face an appeal or protest, and it will have to be appealed to the Kyoto Prefectural High Court.

Conduct a second trial. Once it goes to the High Court, the determination of the validity of the confession and punishment in this case may become a binding precedent. Therefore, this issue must be handled with caution."

Judge Sakuma continued, "Considering that once the prosecutors protest in this case, the relevant prosecution work will be carried out by the Kyoto High Prosecutor's Office, and you will no longer be responsible for the prosecution. Therefore, Prosecutor Iwanaga, you'd better coordinate with the High Prosecutor's Office.

Regarding the validity of the confession of guilt and punishment in this case, you’d better ask the High Prosecutor’s Office for instructions before deciding whether to withdraw it.”

Iwanaga's cheeks bulged, but when faced with the judge's request, he couldn't refuse, so he had to take out his mobile phone and said, "Okay. Judge Sakuma, I'll go outside and have a call with the High Prosecutor's Office first, and then I'll get back to you.

.”

The prosecutor walked out of the office with a dissatisfied expression.

Soon, a request for instructions on the validity of the confession of guilt and punishment in the Morimoto corruption case was conveyed to the Kyoto High Prosecutor's Office. The Kyoto High Prosecutor's Office quickly convened prosecutors and senior prosecutors for an emergency meeting to discuss. In the face of the situation involving Kyoto University

No one dares to neglect the case.

At 4:32 p.m., the Kyoto High Prosecutor’s Office responded to the Sakyo Ward District Prosecutor’s Office’s request:

“This office agrees with your office’s view on the validity of the confession of guilt and punishment in the Morimoto corruption case. If the defense lawyer insists on a not guilty plea, it should be regarded as the defendant’s refusal to plead guilty and accept punishment, and your office can readjust the sentencing recommendation.

As for the final validity of the recognizance document, it should be left to the court to decide."
Chapter completed!