2017년 6월 9일 금요일

Law about the criminal trial that the citizen judge participates in

Law about the criminal trial that the citizen judge participates in

A law (さいばんいんのさんかするけいじさいばんにかんするほうりつ, May 28, 2004 law 63rd) about the criminal trial that the citizen judge participates in is a law to prescribe about lay judge system of Japan. The abbreviated designation is the citizen judge method.

Law about the criminal trial that the citizen judge participates in
Japan Government national emblem (follow)
Japanese laws and ordinances
Popular name, abbreviated designation The citizen judge method
Laws and ordinances number 2004 law 63rd
Effect Existing law
Kind The Criminal Procedure Code
Main contents About the system of the criminal trial that the citizen judge participates in
Laws and ordinances concerned The Court Act, the Criminal Procedure Code
Text link Ministry of Internal Affairs and Communications laws and ordinances data offer system
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Table of contents

Summary

Introduction of the lay judge system is considered as one of the judicial system reform and is established on May 21, 2004 and enforces it except the promulgation, some rules on May 21, 2009 on May 28, the same year. It determines the device that the nation participates in trial, the judgment of the criminal trial about the constant serious case.

As a general rule, by the criminal trial to receive the application of the fundamental law, a court consists of three judges and six citizen judges. The citizen judge randomly selects it from a qualified voter 20 years or older and is elected. The person who became candidate citizen judge sends it back in answer to a question vote sent by the court and cannot refuse the summons of the court without sufficient reason. Sufficient reason including being a student, being older than 70 years old, unavoidable circumstances. In addition, the person who was a citizen judge or a citizen judge must not express "the secret that I was able to know in secret other duties of the discussion" (obligation of keeping secrecy) and is sentenced to fines less than penal servitude less than it or 500,000 yen for six months when against this. The details are cf. lay judge system.

In May, 2007 before the enforcement, revised law (May 30, 2007 law 60th) for introduction of so-called part judgment system to make it possible that a different citizen judge examined it about the case of the defendant prosecuted about plural cases was established.

In addition, the member of the Judges Impeachment Court says "a citizen judge", too, but has nothing to do with the citizen judge of the fundamental law.

Constitution

A thing after the revision by the May, 2007 revised law.

  • Chapter 1 basic rule
  • Chapter 2 citizen judge
    • Section 1 basic rule
    • Section 2 election
    • Section 3 dismissal
  • Procedure of the trial that the Chapter 3 citizen judge participates in
    • Section 1 trial preparations and trial procedure
    • Exception about the applications such as the Section 2 Criminal Procedure Codes
  • Chapter 4 discussion
  • Exceptions of trial when it was performed Chapter 5 division trial of being decided and the trial
  • Measures for protection such as Chapter 6 citizen judges
  • Chapter 7 minor regulations
  • Chapter 8 penal regulations
  • Additional clause

Allied item

Outside link

  • Rule (fundamental law rule, July 5, 2007 Supreme Court rule seventh) about the criminal trial that the Supreme Court - citizen judge participates in

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