Text | Wu Xiaomin, Jiangsu Provincial Procuratorate
Some time ago, the court performance of the Japanese prosecutor in the Jiang Ge case brushed the screen, and I couldn't help but turn over an old drama I watched three years ago, "hero" (legal hero) starring Takuya Kimura. The drama portrays the daily work of a group of prosecutors and affairs officers in the Jonishi Branch of the Tokyo District Prosecutor's Office, expounding profound jurisprudence and human nature in a humorous story, less tall and tall, and more exaggerated joy.
What's even more surprising is that many supporting roles are in place. The Japanese language seems uncontroversial, and even the word "sue" is pronounced similarly to Chinese.
The protagonist's aura is of course shining, and Kimura Takuya is an actor I like very much, not only because of his face, but also because of his acting skills. Who at the beginning of this century did not chase after him all night in "The Century of Love" and "Long Holiday"?
Kurisei Fairness – Takuya Kimura interprets the Japanese prosecutor vividly and vividly. A prosecutor with dyed hair, long hair, wearing a floral plaid shirt, ripped jeans? Yes, The appearance of Jiulisheng always brings people doubts: this cargo is also a prosecutor? Don't be fooled by the external form, this is a prosecutor who is really like a fake.
A few short stories embody the idea of justice.
1. There is never any suspicion of guilt
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Episode 1
In an ordinary drunken dispute, JiuLisheng was interrupted by Minister Chuan when he interrogated the troublemaker's guest, Ohnishi, and learned that the suspect was fingerprinted the same as the suspect in the diamond theft case fifteen years ago. The diamond theft statute of limitations has expired with three days left, and the media has paid great attention to it.
Colleagues think that a big pie fell in the sky, and found a major omission, which can be prosecuted for theft. However, Ōnishi has always denied the theft of diamonds, and indeed, there is only physical evidence such as fingerprints, and there is no other evidence, and it cannot be sued in China. At the time when everyone urged, Jiu Lisheng was not moved, did not rush to sue, and decided to personally go to the scene to investigate.
In the end, Kurisei successfully cracked the diamond case through the cause of the troublemaking case, which turned out to be due to the uneven division of the loot between the co-defendants, which led to Onishi beating up the accomplice version in the tavern. At the last moment when the statute of limitations was about to expire, Kurisu successfully sued Onishi to the court.
The most impressive thing was what Jiu Lisheng said: "Until it is confirmed that the person is a prisoner, it cannot be easily prosecuted, no matter how serious the case, or the statute of limitations is approaching."
In fact, the emergence of many unjust, false and wrongly decided cases is not a problem of ability, but a problem of concept. At first, I think this person did it, and then go in this direction to collect evidence. The confession is taken down first, and then the part between the evidence can be corroborated.
In fact, because the crime occurred before, after on-site investigation and corpse identification, the scene situation and the cause of death have been clarified. If there is a confession and the transcript is relatively beautiful (not leaving many traces), it is possible to find evidence to confirm it or even confirm it in many places.
Wrong cases are not without evidence, the key is how to view the contradictions between the evidence, and whether the doubts between the evidences have been deeply analyzed. Proceeding from the doubts, perhaps the previous arguments could not be established at all.
Prosecutors not only have prosecution as their sole function, but also objectivity and impartiality. Jiu Lisheng's choice is a good exposition of the important principles of modern criminal prosecution.
2. Explain the law and reason
Episode 3
In a case of flight attendant drug use, in the face of the parties' painful admission of facts and some impatient reflections, Jiu Lisheng did not easily prosecute, but investigated and visited the suspect's colleagues and relatives, and understood the personality of the parties according to his words.
During the interrogation, she was sincerely educated, mentioning too many rash people like her, thinking that drug use is a trivial matter, not knowing the harm of drugs, not so easy to quit if you want to quit, and bowing down to ask the person concerned not to touch drugs again. The person involved is touched deep inside, crying and weeping, which should be a soul-touching conversation for her.
It's still the third episode
In a case of intentional injury caused by death, prosecutor Tamura suddenly died of a heart attack in the detention center, and was not prosecuted according to the law. The victim's father, who was difficult to accept, chased the prosecutor on the street and kept on the phone to inquire. (This scene should be familiar, thinking of the victim who calls me once a week.) ）
On an occasional occasion, Jiu Lisheng took a group photo of the victim's family of three from the victim's father. Through Kurisei's communication, Tamura specially invited the victim's father and told him the contents of the suspect's confession, that is, the suspects who beat people with their hands were all suspects, and the victims were not at fault, and apologized to the victim's father. In Tamura's words: "We handled this matter on official business, but we did not take into account the feelings of our families, which is our fault, and we apologize for this."
The father of the deceased was finally relieved, and he could safely tell his granddaughter that her father was a gentle and good father, not a murderer who had been beaten to death in a fight. For the families of the victims, the reputation of the deceased remains important. Tamura, they took into account the feelings of the victims, who let the prosecutor also be the spokesperson for the victims.
We also have contact with people when we handle cases. Official business is the foundation, but how to touch the soul of a suspect during the interrogation to urge him to accept the verdict and appeal, how to explain the law and reason to the victim's family, and how to comfort the psychology of the victim's family are also to be considered - in fact, they ask for very little, nothing more than to ask for an explanation and understand the truth.
The bows of Kuriso and Tamura to the parties were touched. Imagine that even, usually answering a phone call is like facing a great enemy, hanging up the phone is like a relief, while complaining that some parties are not going to "Suijiacang" (the location of the local brain hospital), even ashamed!
3. On experientiality
Episode 5
Minister Chuan did not handle the case for ten years, suddenly took over a theft case, and the interrogation and investigation were frequently frustrated, so that he was greatly shocked and prepared to return to his hometown.
The judiciary has a personal experience, and if it is not handled for a long time, it will be strange. The witnesses questioned by Minister Chuan were all elementary school students, young children, etc., and the serious expressions made the witnesses stunned and unable to communicate.
Looking at Minister Chuan's embarrassment, it is inevitable to follow the rush. Looking at Minister Chuan's exaggerated expression, he couldn't help but laugh again. But Minister Chuan is Minister Chuan, after all, he is a person who has been in the Special Search Department.
The second half of the plot takes a sharp turn.
In the face of a key witness, a primary school student, Minister Chuan explained the duties of the prosecutor as follows:
<section class="135brush" style="font-size: 14px; line-height: 22.39px; margin-top: 10px; margin-bottom: 10px; padding: 15px 20px 15px 45px;outline: 0px; border-width: 0px; border-style: initial; border-color: currentcolor; color: rgb(62, 62, 62); vertical-align: baseline; background-image: url(" border-box;" ="" 1%="" 241,="" rgb(241,="" 0?wx_fmt='jpeg"); background-color:' zqgb6ea26ufiaixn05xuaawcfccurz8jbw1u4cyitwbuhtqojjiccibkdskih4pichofcj0ftulgkrvicesxfibmliaa="" mmbiz_jpg mmbiz.qlogo.cn="""> prosecutors are the only professions that can take suspects to court For this reason, there will be a thorough investigation, but unlike the investigation of the police, there are only 1800 prosecutors in the country, and the procurator's investigation is to listen to people's words, listen to self-prosecution, listen to statements, listen to testimony, listen to voices from all sides, and open the layers of fog to probe the truth of things... To this end, a great deal of extensive and professional learning is required so that justice can exist justly in the world.
The elementary school student was impressed and stated the fact that the suspect threatened not to tell the truth. After hearing eyewitness testimony, the charge was changed from theft to robbery. Praise for Minister Kawa's roaring body, everyone has their own style, keep their own style is best, roar, Minister Kawa!
The personal experience of the judiciary is truly invaluable. JiuLisheng has a habit of going to the scene to re-restore the simulated crime scene, which is the embodiment of the principle of case experience. Seeing is believing, and we must know that we must do this. Or you have to deal with the case uninterruptedly, otherwise it's like a doctor who doesn't do surgery for a long time, and the lancet is rusty.
4. Mistakes must be corrected
Episode 11
Personally, I think it is the most exciting episode of the whole series. In an intentional homicide case undertaken by Jiu Lisheng, the suspect Nan Yun Zunzhi. In handling the case, it was found that several unsolved cases that had occurred in the past ten years were similar in criminal means, and the prosecution decided to prosecute Nanyun. Nanyun strenuously denied it. However, looking at the archives, the first case fifteen years ago has long been solved, and the suspect at the time, Shinichi Otomo, denied the facts after his arrest and finally died of illness in prison. If you think that this case was committed by Nanyun, you must admit that the Chengxi branch once handled a wrong case, which must involve the reputation of the Chengxi branch and even every prosecutor, and even everyone is considering transformation.
In the face of unjust, false and wrongly decided cases and how neighboring countries treat them, we would like to give Ushimaru a thumbs up (estimated to be the level of the prosecutor general). Dare to take responsibility at key moments! ▼
Because the undertaker at the time, Prosecutor Hideo Kokubu, had already resigned, Kurisei's colleagues went to the Kokubun prosecutor to testify in court, but they were all refused. Until the last time the procurator asked in a deafening voice: "If you handle a wrong case, innocent people are punished and the real murderer is at large and commits a new crime, this is not a matter of law, but a matter of human nature"! Touching the heart of former prosecutor Hideo Kunibata, he finally decided to testify in court. ▼
This episode finally sees the Japanese trial, a very familiar scene. Jiulisheng's exposition of justice and the function of trial in court is so wonderful! ▼
In a complete reversal, the defense witness became a prosecution witness, and the national prosecutor admitted in court that he had previously handled the wrong case and confessed his sins to the families of the wronged.
Nanyun was eventually sentenced to life imprisonment. ▼
No matter how many major and important cases have been handled, the appearance of a wrong case is fatal to the reputation of the procurator, and the handling of the wrong case has led to the wrongful treatment of good people, the real murderer is at large, and even the crime still endangers society, and the credibility of the procurator is also questioned.
Denying yourself is a painful thing, and the true brave dare to face themselves and examine the mistakes they have made. The review of the National Branch Prosecutor was sincere, the reflection was profound, and the people around him were moved. Of course, it is best to avoid this scene and avoid wrong cases from the source.
All in all, in short, this drama is good, and there are still many insights to watch it again. The team of prosecutors is interesting. It is not only the procurators who wear procuratorial blue and are as upright as Hou Liangping, they may be embodied in various styles, or atmosphere or show or arrogance or style, ever-changing, just like the fair name of Jiulisheng, as long as the procuratorial emblem is in the body and fairness is in the heart, that is a real procurator, more excavation!
Curious, I checked the Japanese inspection emblem "Autumn Frost Burning Sun Medal"▼
The red rising sun is dotted with the white petals and golden leaves of chrysanthemums, like the interlacing of frost and sunshine, implying "cold as autumn frost, fierce as summer", representing the strictness and meticulousness of the judicial process.
Needless to say, keep chasing the first part.
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