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Chapter 3 second quarter

black fog in japan 松本清张 967Words 2018-03-14
The judgment of the Supreme Court is absolute authority.I stand for the authority and dignity of the Supreme Court.The judgment made here should have a logical and scientific basis that everyone can believe in, and it should not make people doubt or give people an ambiguous impression.However, in the "Imperial Bank incident", what about the verdict of the defendant Hirasawa? The judgment of the Supreme Court can be said to have passed the judgment of the first instance almost intact. The basic basis for convicting Hirasawa was nothing more than his own confession.Whether this confession was forced by the prosecutor or fabricated by the defendant Pingze, it has become an important piece of evidence anyway.

This incident happened on January 26, so the confession can be used as evidence.In the autumn of this year, the new criminal procedure law was promulgated.Fortunately, unfortunately, the "Reichsbank incident" became the last case of the old criminal procedure code. According to the old criminal procedure law, the defendant's "confession" can be regarded as evidence.However, in the new criminal procedure law, unless there are other physical evidences, any statement against the person cannot be regarded as evidence.I do not mean that the "Reichsbank affair" was handled entirely according to the principles of the old Code of Criminal Procedure.Since the new criminal procedure law had already come into effect when Pyeongtaek was tried, I think this incident was probably handled in the spirit of the new criminal procedure law.

But in fact, the confession of the defendant Hirasawa became the most important evidence in the case.What exactly does this mean?Although it was tried in accordance with the spirit of the new Criminal Procedure Law, the confession had to be used as evidence. Doesn't this just show that this case is extremely lacking in other physical evidence? As long as you read the long trial records of the "Reichsbank Incident", you can understand how the prosecutors suffered from the lack of physical evidence in the case.From this point of view, they may be even more distressed than Hirasawa Sadatsu.First of all, the prosecutors did not explain the most important basis for the conviction - the murder weapon; and they did not find out where the defendant Hirasawa obtained the poison that killed sixteen people in the Imperial Bank, and how it happened. how.The verdict only stated one sentence: "Potassium cyanide once held by the defendant."

Prosecutors have struggled to find out how the defendants got their hands on the poison.Hirasawa also mentioned this in his confession, but could not produce any evidence.Besides, whether the poison used was potassium cyanide or another compound, on this point, the judgment did not make a clear judgment. Generally speaking, in homicide cases, the murder weapon is the most important physical evidence.Even if this point is vague, other things that can be called physical evidence are even less valuable. Other physical evidence cited by the prosecutor is: the business card with the words "Matsui Yu" printed on it, the handwriting on the back of the stolen check, and the defendant's inability to prove that he was not at the scene when the incident happened.In addition, it also said that after the incident, the origin of the money that the defendant received was unknown, and the witness said that the defendant looked similar to the murderer and so on.But strictly speaking, these are not enough to constitute material evidence directly related to the defendant Hirasawa.


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