Why does the "bad guy" also need a lawyer to defend him?

"Why do lawyers defend the bad guys?"

"Don't you think the victim is pitiful?"

"How do you just want to reduce the sentencing?"

[Day] Guishi Lunzi Shinada Kuang Yang is a high Lulu translation Shanghai Translation Publishing House

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Should lawyers defend the bad guys? It is an old -fashioned topic. Many people think that the lawyer to defend the criminals of the ten evils is "no conscience". Is the lawyer really as unbearable as they think?

The so -called "bad guys" are actually evaluated from the perspective of social morality. The professional requirements of the lawyer cannot simply evaluate the parties with morality.

The protection of the right to the "bad guy" and the attitude of the defense lawyer not only test the level of rule of law in a country, but also test the civilization of a society.

1

"Can the police really do this?"

A criminal suspect, each time he stole someone else's car with his associates, put on a fake license plate, and then entered the room to steal money.

In order to arrest them, the Osaka Police secretly installed GPS in their cars to track the itinerary, and also placed the camera to shoot in the apartment building for secret shooting. In the end, they arrested them. The criminals confessed to their crimes, but said to the defense lawyer, "Can they really do this?"

"Doing this" said that the police collected evidence on the basis of infringement of privacy.

In "Criminal Defenders", it tells this case that is not complicated. The case was very interesting at the beginning. The cause was not that the defense lawyer himself found a problem, but the criminal Kuroda.

Osaka ’s young female lawyer Gui Lunzi took over the case. The suspect’ s criminal evidence was conclusive. Guishi originally thought that it would be possible to go through the field, but Guishi noticed that there was a danger of infringing on the privacy of the citizens.

"Criminal Defender" mentioned that "GPS investigation is a compulsory measure, and the police must obtain the order of the court", and the police in this case did not apply to the court for order. Vehicle installation GPS positioning system to collect criminal evidence. To this end, Guishi set up a young defense team to appeal to the police's overlapping behavior until the Supreme Court.

One of the focus of controversy in this case was that the police conducted a mandatory search without applying for a court order. Police said that the suspects of monitoring of GPS were arbitrary measures, and the defense believed that this was a mandatory search, and it was an illegal act that infringed privacy that could not support privacy in accordance with the existing order.

In Japan's justice, the conviction rate of criminal case appeals reached 99.9%. When the case is qualitative, it still chooses to appeal, which means that it is difficult.

Stills of Japanese drama "Criminal Professional Lawyers" (the same below)

Every time the defender group encountered a problem in this case, no one retreated, and no one gave up. Instead, they found the reason, tried to solve it, and cooperated with each other inside the team to encourage and fight side by side.

Just in order to collect evidence, the defendant applied for three types of evidence of the type of instructions, the five -time claims were claimed, and the explanation of the explanation was twice. Even so, the defense team became more and more frustrated again and again, visiting scholars and seniors, improved the defense plan, simulated drills, until the defense of the large court was used as a stage for creating history.

In "Criminal Defenders", the members of the defender and the police confrontation, the strict thinking and strong words are immersive, reading this book, it seems to watch a wonderful criminal defense court at the scene.

After the unremitting efforts of the defendant, the Osaka District Court first judged that the GPS investigation was forced to be compulsory in Japanese history, and the order was required during execution. Although the evidence of the police's illegal collection was partially excluded, it did not consider the sentencing of the suspect.

The Guishi team appealed, but the High Court overthrew the judgment results of the first trial, determining that "incomplete identification of the GPS investigation of this case is serious illegal."

Faced with this result, the Turtle Stone team continued to appeal to the Supreme Court. When everyone thinks that only the "rest book" of the Supreme Court will only receive a letter paper with "rejection of the appeal of this case", the Supreme Court not only accepts the case, but also allows this case to become the trial of the court after entering the Pingcheng. The fourth criminal case. In the end, the Japanese Supreme Court ruled that the police in 2017 "did not search for the use of GPS to monitor the citizens."

The whole story is not fictional, but a record of real cases in Japan. This criminal defense case that lasted three years and three months once attracted great attention in Japanese society. Guishi Lunzi restored the fine branches of the case in "Criminal Defender", and it was like reading like a bloody comic.

2

"Why do lawyers defend the bad guys?"

Why do lawyers defend these people every time those criminals have to defend these people?

There is no answer to the answer about this question. Turtle stones answered like this: "If our society's rights to others and freedom are too tolerant, one day, the coercion will come to ourselves in other forms. If you want to live in a peaceful society, You must never take the rights of others to be infringed just as a matter of others. "

The professional ethics of the criminal defense lawyer told her that "the right to protect those who are suspicious for crime is actually protecting herself." Even criminal suspects have their own privacy, and they need to be protected by the Constitution. In this way, it is the real country in rule of law. Moreover, the suspect and the defendant, compared with the investigating authority, are as high as an ants as an elephant. If you ignore the differences between this kind of power, a fair and fair judgment cannot be talked about. As a result, Gui Shi determined to fight the right of ants and elephants.

It is based on this belief that Turtle Stone is willing to pay time and energy with her colleagues. In order to violate the law of the law, they continue to work hard, and finally make the seemingly inconspicuous cases get the due trial.

Criminal legal person, Mr. Luo Xiang, also talked about "why lawyers defend the bad guys?"

The lawyer system is not just to safeguard the rights of the parties, but to safeguard the legitimate rights of the parties.

The important characteristics of legal persons are prioritized legal judgments on the issue of crime, not moral judgment. Ordinary people are distinguished from good or bad, and legal persons are guilty and innocent.

Moreover, the Criminal Procedure Law tells us that any citizen should be regarded as an innocent citizen without the court's trial. If you make ethical judgments easily, so that the scum in your mind cannot be defended by the law, but whether the people referred to by the thousands of husbands may be wronged, and this matter is repeated again and again in history.

The essence of moral judgment is not the law, but self -discipline.

The mission of lawyers and judicial personnel is the justice of maintaining the law. I believe that justice exists, just like the perfect circle exists, but the circle painted by humans must be a flawed circle, so the justice chased by human society is also a flawed justice. justice.

We must define this justice through a series of legal rules. If we ignore the rules to pursue the justice in our hearts, then it is often those kind desires that will bring us to hell on earth.

Even if it is a bad guy, we must punish him according to the program, because only such justice can go far, we can go long, and we can go stable.

In order, no one may be guilty without the court trial and judgment. In other words, before the judicial authority was convicted, the "bad guy" could only be called a suspect. At the same time, whether they are bad guys or not, their rights, including the right of defense, should naturally be protected by law.

"French Open is restored, sparse without leak", people have reason to look forward to the "bad guy" by the law. However, this is just one aspect of justice, that is, physical justice, and there is a justice that the public does not pay attention to. It is called procedural justice.

(Finish)

[Day] Guishi Lunzi Shinada Kuang Yang is a high Lulu translation Shanghai Translation Publishing House

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