Prosecutor Judge -Wikipedia

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Prosecutor judge (Kensatsu Shinsen) is a member who is involved in the duties of the Prosecutor’s Review Committee.

In this article, the name of the article is based on the Public Prosecutor’s Law Law unless otherwise refused.

He is involved in the Prosecutor’s Review Committee’s duties to reflect the common sense of the general public in the judiciary.

One prosecutor’s examination committee consists of 11 prosecutor judges. There is a supplementary person in case the judge is missing.

Qualification (Article 4 of the Act, Article 9 of the Public Office Election Law)

Reason for disqualification (Article 5 of the Act, Article 11 of the Public Office Election Law, Article 28 of the Political Funds and Funds Law)

Reasons for employment (Article 6 and 5 of the Imperial Family Law on the Disposal of the Emperor, Article 4 and 5)

Reading for job suspension, retrospective, or declining [ edit ]

Stopping (Law Article 17)

• Those who are charged with the sentence of imprisonment or more and do not end the defendant case
• Those who are arrested or detained

Reduction of duties (Article 7 of the Law)

• Office of defendant / victim
• Case -involved, etc.

Relations of dismissal (8 laws)

• More than 70 years old
• Parliament or local council member (limited during the exhibition)
• Staff and teachers of national or local governments
• Students and students
• Those who engaged in prosecutor judges within the past 5 years
• Those who engaged in a judge within the past 5 years
• Those who were appointed judges within the past 3 years
• Those who have appeared on the date of the appointment procedure, such as judge, as a judge candidate within the past year
• Those who have been approved by the prosecutor’s examination committee to resign from the prosecutor’s examination committee due to heavy illness, overseas travel, and other unavoidable reasons

Prosecutor judge candidates are divided into four groups from the first group to the fourth group for each prosecutor’s examination committee (Article 9, Paragraph 2 of the Act). The term is six months (Article 14 of the Act).

First group

• Term -from February 1st to July 31st
• Selection -Until December 28 of the previous year
• Number of people -5 lists from 100 lists to five prosecutors and 5 reserves

Second group

Third group

• Term -from August 1st to January 31st, the following year
• Selection -Until June 30
• Number of people -5 lists from 100 lists to five prosecutors and 5 reserves

Fourth group

• Term -From November 1st to April 30th, the following year
• Selection -Until September 30
• Number of people -100 lists from 100 lists to prosecutors and supplementary members each

It is randomly selected by lottery from the people who have the right to vote of members of the House of Representatives in the jurisdiction of each prosecutor’s examination committee (Article 4 of the Act). Approximately 7,300 people are selected per year, including prosecutors and supplementary members, and the probability of being selected as prosecutors and supplementers is about 1 in 14,000 (0.007%) of the full -year holders (0.007%). be ^[4] 。

Previous stage [ edit ]

The municipal election management committee shall notify the Prosecutor’s Office Secretariat of the jurisdiction of the number of members registered in the electoral list (Article 2 of the Prosecutor’s Review Law Enforcement Ordinance). )

When assigned to municipalities in the jurisdiction of the prosecutor’s examination committee, one of the 400 members of the prosecutor’s candidate is assigned one to each municipality, and the number of remnants is the registered person in each municipality. In accordance with the ratio of the total number of electoral list in the jurisdiction of the prosecutor’s examination committee, this is assigned to each municipality. However, when a fraction is less than one person, the number of candidates shall be cut to one person from a fractional municipalities until the total number of members is filled with 400 (Prosecutor’s Law Law Enforcement Ordinance. Article 3, Paragraph 1).

In order to determine a group of allocated number of members, the total number of quotes is divided from the first group to the fourth group for each municipality. When the total number of municipalities is less than four, or when a fraction is less than four, this is a group of one of the first to fourth groups. Shall be made (Article 3, Paragraph 2 of the Prosecutor’s Law Enforcement Ordinance). However, if there is an unavoidable circumstances, it can be assigned according to an appropriate standard regardless of the provisions of groups (Article 3, Paragraph 3 of the Prosecutor’s Law Enforcement Ordinance).

The Prosecutor’s Secretary -General, the Secretary -General of the Prosecutor, notifies the municipal election management committee on September 1 year (Article 9 of the Act).

Selected by lottery at the municipal election management committee stage [ edit ]

The municipal election management committee who was notified is a person who has the right to vote as a member of the House of Representatives. Electoral list From among the registered persons, each prosecutor’s examination committee is selected by a lottery of 400 prosecutors of 100 prosecutors, which are divided into four groups from the first to fourth groups. bottom” Prosecutor Jury Candidate List Is prepared (Article 10 of the Act).

The municipal election management committee shall send the “List of Prosecutor’s Candidate Candidates” to the Chief of Prosecutor’s Office Secretariat by October 15, the year of the notification (Article 11 of the Act).

When the prospective candidate for the prosecutor died or had no right to vote as a member of the House of Representatives, the Municipal Election Management Committee sent the Prosecutor’s Prosecutor’s Candidate Preliminary List. Notify (Article 12 of the Act).

Selection by lottery at the prosecutor’s office secretariat stage [ edit ]

Prosecutor’s Prosecutor’s Secretary -General, who sent a list of prospective prosecutor’s candidate by the municipal election management committee, prepares a list of prosecutors’ candidates (Article 12-2).

The Public Prosecutor’s Secretary -General shall notify those who have been listed in the prosecutor’s candidate list that they were listed in the prosecutor’s candidate list (Article 12-2).

Regarding the prosecutor’s candidate, ask the prosecutor’s candidates to ask the candidates for the prosecution, the reasons for the disqualition, the reason for the employment, or the decline, or ask the public office or the public and private organizations. It is necessary to investigate the necessary matters and investigate the circumstances that contribute to the judgment of the prosecutor’s examination committee (Article 12-3 of the Act, Article 12-2 of the Act, Article 12-2 of the Act). Public prosecutor’s candidates may declare to the prosecutor’s judging committee to be a prosecutor’s judge or replenant (Article 12 of the Law) (Article 12 of the Law). 5). Prosecutor judge candidates shall apply in writing if they fall under disqualification reasons, employment ban, or decline reasons (Article 12 of the Prosecutor’s Law Enforcement Ordinance).

If the reason for disqualification, the reason for the employment prohibition, or the decline reasons falls, it will be erased from the list of prosecutor candidates (Article 12-7 of the Law).

The Prosecutor’s Secretary -General shall select a prosecutor and a supplementary member in the lottery from the list of prosecutor’s candidate (Article 13, Paragraph 1 of the Law). At the time of the selection, the prosecutor of the District Court and the prosecutor of the local prosecutor’s office needs to be present, and those who have witness must prove the selection of prosecutors and supplementers (Article 13 of the Law). Section).

Oath [ edit ]

Prior to the prosecutor’s examination meeting held when any of the prosecutor and supplementary members of each group prescribed by Article 14 of the Act are started, the prosecution judge and the supplementary person are the rights and obligations of the prosecution judges and the replenishment staff. Other necessary matters were explained by the District Court Director or the Judge working in the District Court Branch, swearing with an oath that stated that they would swear that they should do their job fairly and sincerely according to their conscience, and sign the signing of the oath. Must be done (Article 16 of the Act).

Selection by lottery at the chairman of the prosecutor’s chairman [ edit ]

In the case where the prosecutor’s chairman exists, if the prosecution judge is missing, the execution of the prosecutor is suspended, the prosecution judge does not appear on the meeting date, or if there is a vote of the rejection. The prosecutor’s clerk’s witness shall be selected from among the supplementers to select a supplementary prosecutor (in the case of exclusion, a person who performs the duties of the prosecutor at a time) (Article 18 of the Law). Article 25).

In the event that a prosecutor is missing, the Prosecutor’s Prosecutor’s Prosecutor’s Prosecutor’s Prosecutor’s Prosecutor’s Inspector and the number of members of the prosecutor will select a supplementary member (additional replenishment staff) that is deemed necessary as long as the total number of members of the prosecutor does not exceed 22. Can (Article 18-2, Paragraph 1 of the Act). The selection of additional replenishments must be performed in a timely manner, taking into account the terms of the prosecutor and the supplementary member in each group and the missing number (Article 11-2 of the Prosecutor’s Review Committee Law Enforcement Ordinance). The secretary -general of the Prosecutor’s Examination Committee is performed by a lottery from among the prosecutor’s candidate candidates in the group to which the missing prosecutor or the supplementary person belongs (Article 18-2, Paragraph 2 of the Law).

The Prosecutor’s Chairman shall remove the supplementary members of the prosecutor’s disqualification in the selection of a supplementary member (Article 13 of the Prosecutor’s Law Enforcement Ordinance).

When the prosecutor’s judge is a prosecutor’s prosecutor or a person who performs the duties of the prosecution judge at a time, the prosecutor’s clerk who witnessed the selection shall make a selection record (secretary. Article 15 of the Prosecutor’s Law Law Enforcement Order).

Reunion [ edit ]

The Prosecutor’s Chairman shall tell the prosecutor’s name, occupation, and residence, and shall ask whether or not there is a reason for the exclusion prescribed by Article 8 of the Act (Article 34, Paragraph 1 of the Act).

The prosecutor’s judge shall file a petition with a reasons for the rejection (Article 34, Paragraph 2 of the Law).

When there is a rejection, the prosecutor’s examination meeting shall make a resolution to the prosecutor’s judge (Article 34, Paragraph 3 of the Law).

According to Article 43 and 44 of the Act, there are the following obligations.

Obligation

Prosecutor’s examination committee is prohibited to be absent for a legitimate reason, and a supercharge of 100,000 yen or less is imposed.

There are eight cases of supplies due to unrivaled reasons, but there is no case where the superpotes of the last 1971 were imposed. ^[5] 。

confidentiality

Other information obtained from the judged case is banned from life. If a job is leaked, you will be imprisoned for 6 years or less or a fine of 500,000 yen or less.

There is no example of penalties in violation of confidentiality, but in 1965, there is one case that was charged with a secret leak of a secret leak. ^[5] 。

Prosecutor’s chairman [ edit ]

Choose [ edit ]

When the term of the judge or the supplementary judge begins, the Prosecutor’s Examination Meeting shall be held immediately and the Prosecutor’s Chairman must be elected (Article 15, Paragraph 1 of the Law). In this case, until the prosecutor’s chairman is elected, the Prosecutor’s Secretary -General shall perform the duties of the Prosecutor’s Chairman (Article 15, Paragraph 1 of the Act).

In the event of an accident in the prosecutor’s chairman, another prosecution judge shall temporarily perform the duties of the Prosecutor Judge in the order prescribed by the Public Prosecutor’s Examination Committee (Article 15, Paragraph 5 of the Act).

If the Prosecutor’s Chairman is missing or the execution of his duties is suspended, the Prosecutor’s Secretary -General shall perform the duties of the prosecutor’s chairman, and promptly hold the Prosecutor’s Chairman of the Prosecutor’s Examination (Law). Article 15, Paragraph 4).

The term shall be until the end of the term of the prosecution judges and supplementary members of each group prescribed in Article 14 of the Act (Article 15, Paragraph 3 of the Act).

Position [ edit ]

Affairs of affairs, command supervision

The prosecutor’s clerk will be in charge of the prosecutor’s office and the prosecutor’s office clerk will lead (Article 15, Paragraph 2 of the Law).

Includes and supervises the judging assistant (selected from a lawyer) commissioned for each case (Article 39-2 of the Act).

Prosecutor’s examination meeting

Chairman of the Prosecutor’s Examination Meeting (Article 15, Paragraph 2 of the Act). In particular, when you find it necessary, you can always convene a prosecutor’s examination meeting (Article 21 of the Act). Prosecutor judges and all supplementers are issued a constituent of the prosecutor’s examination meeting (Article 22 of the Act).

The order of the examination by the petition depends on the order of the examination petition, but it is possible to change the order with the authority (Article 33 of the Act) when it is deemed to be particularly urgent.

The prosecutor must tell the prosecutor’s name, occupation, and residence, and ask if there is any reason to be excluded from the execution of the duties (Article 34 of the Act).

The meeting of the meeting on “Matters concerning the Judgment of the Public Prosecutor’s Failure of the Prosecutor’s Failure of the Prosecutor’s Office” shall be signed (Article 27 of the Prosecutor’s Law Enforcement Ordinance).

Select a supplementary judge or additional replenishment

When the prosecutor is missing, or the execution of the duties is suspended, the prosecution judge does not appear on the meeting date, or if there is a resolution of the exclusion, the prosecutor’s secretary is a reimbursement. A substitute prosecutor judge (a person who performs the duties of a prosecutor in the case of exclusion in the case of exclusion) shall be selected (Article 18 and 25 of the Act).

1. ^ Excludes those who have the same academic knowledge as those who have finished compulsory education
2. ^ According to Article 34-2 of the Penal Code, if 10 years have passed without being able to be sentenced to a fine after expiration of the sentence, the reason for the disqualification is not eligible.
3. ^ ^{a b c d It is f g} The Emperor, the Emperor and the Imperial Family, which are not applied to the family register law under paragraph 2 of the Supplementary Provisions of the Public Office Election Law, is said to have stopped voting rights for the time being.
4. ^ Prosecutor’s examination committee system Q & A supreme court
5. ^ ^{a b} The Legal Affairs Committee of the lower House of Representatives on April 14, 2004 The Supreme Court Secretary General Director Director of the Criminal Bureau

Related item [ edit ]