I often hear in the news that “○○ has been arrested”, and after a while, I hear “○○’s lawyer …”.
I also hear that “I hired a good lawyer because I am rich.”
I think some people think that the authority that can be done is different between a lawyer hired with money and a lawyer with tax.
Lawyers hired for money are called private lawyers.
A tax lawyer is called a public defender.
There are differences in the timing of the arrival of lawyers, but there is no difference in the scope of defense activities between the two lawyers.
However, it is a fact that private defenders are sometimes described as moving better because they receive more money than public defenders.
This time, under the title of Suspect’s Defensive Rights, I will explain the Defensive Rights of Suspects, which applies to both arrested and unarrested suspects.
Right of defense
The suspect’s right to defend includes the right to remain silent, the right to counsel, the right to visit, the right to request disclosure of reasons for detention, the right to request cancellation of detention, the right to request evidence preservation, and the right to appeal.
This time, I will write in detail about the right to remain silent and the right to visit, which have the strongest impact.
Right to remain silent
It is said that the time when the right to remain silent should be announced at the time of interrogation.
As I wrote in the section on the suspect’s right to defend, the right to remain silent is stipulated not only in the Code of Criminal Procedure but also in Article 38, Paragraph 1 of the Constitution.
This means that if the interrogating prosecutor or judicial police officer fails to announce the right to remain silent, this is unconstitutional.
If there are no police officers who do not speak your country’s language when you are asked, they will be told in Japanese.
However, you will be given the opportunity to have an interpreter who speaks your country’s language.
Is it possible to refuse interrogation?
If the Constitution and the Code of Criminal Procedure allow for the right to remain silent, the question arises as to whether the prosecutor’s or police officer’s interrogation can be refused.
Undetained suspects are not obliged to be interrogated because they have not been arrested.
However, detained suspects, or arrested suspects, are at dispute over whether they are legally obligated to be interrogated.
The obligation to undergo this interrogation is called the “obligation to accept interrogation”, and although it is a theory, it is divided.
Case law recognizes the obligation to accept interrogations
In other words, there are judicial precedents that unarrested suspects are not obliged to accept interrogations, but arrested suspects are obliged to accept interrogations.
Timing to get a lawyer
Public defenders are only available after detention.
If a detention warrant has been issued to a suspect under Article 37-2 of the Code of Criminal Procedure and the suspect cannot appoint a defense counsel due to poverty or other reasons, the judge shall make the request. Therefore, a defense counsel must be attached for the suspect.
However, this shall not apply if there is a defense counsel appointed by a person other than the suspect or if the suspect is released.
Because it is stipulated.
In other words, if a detention warrant has not been issued, there will be no public defender.
On the other hand, a private lawyer can be attached even before the arrest.
Private lawyers move more aggressively into settlements than public defenders, moving suspects to non-indictment
That means that as long as the money is paid
It is realistic.
This time I wrote about the rights of the suspect.
Thank you for reading.
I would like to continue writing things that will benefit you.
I look forward to working with you next time.