Defense Activities at Trial
There are two general ways of defense activities at a trial.
One is the way to contest over the fact which the public prosecutor asserts. It is possible to think of cases where one is suspected of having committed a crime about which he/she does not know anything, one is suspected of having committed a crime based on the premise of the more disadvantageous facts than what actually he/she has committed, there is a circumstance that one had no choice but committed a crime to protect him/herself even though the conduct itself is true, or one never remembers what he/she did. At times like these circumstances, there are many possible defense activities depending on each mode of conflict including to collect evidence in favor of the accused and to show that there is an alibi, the self-defense can be established, there was no intent, or the accused does not merit criminal prosecution due to mental disorder. In cases where the investigative authority violated the proceedings to collect evidence, a lawyer may assert that the public prosecutor’s request to examine evidence itself should be cleared out.
The other way is not to contest over the fact itself but to argue that there are some extenuating circumstances to request for the suspended sentence or reduction of sentence.
In sum, a lawyer argues that the crime which the accused committed is not so serious, the result of the crime is petty, the family of the accused would suffer lot of demerits from the accused’s booked into jail, the accused is less likely to commit a crime again, or the environment to rehabilitate the accused is created.
As AICHI Criminal Cases Law Firm has carried out defense activities specializing in criminal and juvenile cases, our lawyers have rich experience and know-how in defense activities at trial.
In cases where the accused challenges the fact – defend innocence
~I am not a perpetrator, there is a real perpetrator~
When one was prosecuted on a charge of a crime about which he/she does not know anything, during a trial a lawyer challenges thoroughly the charged facts by the public prosecutor.
A lawyer prepares for assertion of innocence at trial by collecting evidence showing that the accused is not a perpetrator; that is, alibi when the crime was committed or that the third person may have committed the crime, and using them as evidence. In adds, a lawyer scrutinizes whether there is a problem in the evidence which will be submitted by the public prosecutor, and challenges the credibility of evidence and witness of the public prosecutor.
At AICHI Criminal Cases Law Firm criminal lawyers prepare well and approach to a trial after examining evidence which was disclosed by the public prosecutor in advance. A lawyer also investigates whether there is evidence in favor of the accused in his own right, and submits it to a trial.
~I was enforced to make a confession, I was deceived and made a confession~
Even if you do not know about a crime, the investigative authority decides prematurely that you would be a perpetrator and starts to interrogate you. There have been lots of cases where the investigative authority believed in only the victim and carried out interrogation in an assertive way to get confession based on a misbelief that a perpetrator must be you.
Although the confession which was taken with assault or physical abuse by an interrogator is determinately illegal and impermissible, other than that, the way to interrogate inducing that you can get out of a police detention cell instead of paying fine if you make a confession, or saying a falsehood that your accomplice made a confession and only you are negating the fact, is also illegal and undue way to collect evidence.
The written confession which was taken in these illegal ways is to be removed from evidence.
Thus, if a false confession was taken, a lawyer asserts that the investigator’s way to interrogate is illegal. However, it is difficult to prove that the investigator’s interrogation was illegal because the interrogation is carried out in a closed room. In this case, a lawyer sets out to remove the written confession from evidence by making use of the book or diary in which the suspect or accused took a note of how the interrogation was carried out as evidence, requesting to examine the investigator who carried out the interrogation concerned as a witness and seeks the truth questioning to the investigator, or submitting evidence showing that the confession was not made voluntarily.
When one did not have a choice but to perform an act while he/she admits that he/she performed the act which could constitute a crime, a lawyer claims self-defense by collecting and submitting evidence which sustains that there exists such circumstance. While there are strict conditions to accept self-defense, lawyer makes a careful claim about each condition. As specific activities, a lawyer finds a witness to make clear the mode and circumstances of perpetration and make the witness to give testimony, or asserts that there is the fact to allow us to assume that there was a circumstance of self-defense as the accused mentions.
In cases where there is no conflict over the fact – extenuate
When the accused accepted the charged facts and there is no conflict over the facts, a lawyer serves to get extenuating sentence as much as possible. If there is the victim, it is very important to have repaired damage as much as possible and came to the out-of-court settlement. At the determination of appropriate punishment, a judge picks up whether the damage has been repaired or not as an important consideration.
A lawyer also explains to the judge that the accused sincerely is reflecting on his/her past conduct and promises to straighten him/herself out by submitting evidence that shows that behavior of the accused after having committed the crime and that the environment to rehabilitate the accused is created.
In general cases, when the accused acknowledges the charged facts, the first hearing may be a final. Therefore, it is necessary to prepare for a hearing by arranging with the accused and witness until the hearing is held.
AICHI Criminal Cases Law Firm is a law firm which specializes in criminal and juvenile cases. Criminal lawyers handle in an expeditious and careful manner to get the best result.