Mr. and Mrs. Hosoi Kawai, former wife of the House of Representatives, large-scale acquisition case involving the Upper House Today's first trial August 25, 5:01

Former Katsuyuki Kawai and his wife, Senator Satoshi, will be held in Tokyo District Court on the 25th for the first trial of a large-scale acquisition case over the House of Councilors election last year. The two are expected to be acquitted in the first trial, and it is likely that the issue will be whether the provision of cash was the purpose of making Satoshi elected.

The former Minister of Justice, Katsuyuki Kawai (57), said that in the last year's House of Councilors election, in order to win the election of his wife, Senri, a total of 29 people, including local council members and executives from the supporters' group, were given official office. The House of Councilors Senator Sato (46) was also accused of paying 1.7 million yen for the five local lawmakers, as he was accused of the acquisition of an election law violation.

According to the people concerned, both of them claimed innocence, and former Minister Kawai said, "The cash was given out because of the visit to the unification local elections and the expansion of party powers, so it is not the purpose of requesting the gathering of votes. It is a prospect that I argue.

At the trial, it is likely that the issue will be whether or not the provision of cash was the purpose of making Satoshi elected.

It is only after the arrest that the two appear in public, and attention will be paid to what they claim in court.

The trial will take place in the "100-day trial", which will be quickly heard, and by the end of December 18th, 55 deadlines have already been set and it is expected that more than 100 witnesses will be questioned.

Since many witnesses are in Hiroshima, about 40 people who are difficult to appear in the Tokyo District Court are being examined for witness interrogation using the “video link method” that connects the Hiroshima District Court with video and audio.

The first trial will take place at 10 am in the Tokyo District Court.

Unprecedented case of arrest of experienced Minister of Justice

An unprecedented case in which the former Minister of Justice and his wife, who was the head of legal administration, were accused of a large-scale acquisition.

I have summarized the series of circumstances.

It was in October of last year that suspicions of election violations by the members of the House of Councilors Kawai Satoshi emerged.

In the House of Councilors election in July of last year, a weekly magazine reported suspicion that the so-called Miss Uguis was paid more than the law stipulated, and his husband, former Minister Katsuyuki Kawai, resigned just 50 days after becoming Minister of Justice.

This January 15, the Hiroshima Prosecutor's Office searched for offices and home condominiums of Mr. and Mrs. Kawai in Hiroshima city on suspicion of violating the Public Offices Election Law.

Approximately one and a half months later, on March 3, a couple of public secretaries were arrested by the Hiroshima District Public Prosecutor on suspicion of buying a campaigner who violated the Public Offices Election Law, allegedly paid Miss Uguis illegally.

The prosecutor's office also searched the office of Mr. and Mrs. Kawai's parliamentary hall, and the more than 100 names including the mayor and the mayor of Hiroshima prefecture, the local councilors, and the executives of the supporters' association, which are believed to be the recipients of cash in the course of the investigation Seize multiple lists of amounts.

In the midst of a fiercely conservative election campaign, Mr. and Mrs. Kawai raised the suspicion of a large-scale cash acquisition in which cash was distributed to a wide range of parties for the purpose of requesting a summary of votes.

The prosecutor's office will expand the investigation system by dispatching the prosecutor of the Tokyo District Public Prosecutor's Office to Hiroshima, and from the end of March, will embark on a simultaneous hearing of the local legislators listed on the list.

As a result, the majority of nearly 100 local lawmakers suspected of having been given cash were admitted to have received cash from Kawai and his wife.

On June 18, the day after the Diet closed, the Tokyo District Public Prosecutor's Office arrested Mr. and Mrs. Kawai.

This has led to an unprecedented takeover case where an experienced Minister of Justice, who requires particularly high ethical spirit, is arrested.

Former Minister Kawai and Representative Kaori left the Liberal Democratic Party the day before the arrest, saying that they would not want to bother the party anymore.

Then, the Special Investigation Department decided on the 8th of last month that former Minister Kawai was the "overall president" who is in a position to take full control of the election campaign, and allotted 100 people with more than 29 million yen, and bought the violation of the public office election law. Was charged with the crime.

Representative Satoshi also conspired with former Minister Kawai and was prosecuted for giving 1.7 million yen to five local representatives.

Former Minister of Justice Kawai is the "General Coordinator"

The prosecutor's office positions that former Minister Katsuyuki Kawai was the "overall president" who was in a position to fully take up the campaign of Senator Satoshi in the House of Councilors election last July.

In addition, former Minister Katsuyuki asked for a summary of the votes from the end of March last year to the beginning of August, with the purpose of making Representative Satoshi elected, and as a remuneration, the mayor and the mayor of Hiroshima Prefecture, as well as local representatives and supporters He has been accused of buying out for violating the Public Offices Election Law, saying that he has distributed more than 29 million yen to 100 people.

In addition, Representative Satoshi was accused of the acquisition, conspiring with former Katsuyuki Minister and asking 5 local representatives to collect the votes and handing out a total of 1.7 million yen.

Issues and claims of both parties

<Issue 1… Purpose of

cash donation > A major issue in the court case is whether the purpose of cash donation was to make Satoshi elected.

The Public Offices Election Law prohibits passing cash in order to collect candidates for the purpose of winning candidates, but for the purpose of expanding party power, donating to political organizations such as politicians as political activities is not allowed. It is recognized.

According to the people involved, former Minister Katsuyuki is accusing him of innocence, saying, "The cash was given out because of the visit to the unification local elections and the expansion of the party. It is not the purpose of requesting a summary of votes."

In addition, Representative Satoshi is also supposed to insist on acquittal, saying, "I generally accept that I have given out cash, but it is not the purpose of requesting a summary of votes."

On the other hand, the prosecution pointed out that cash was also provided to legislators who did not give a visit in the past in the unified local elections, and that the receiving party acknowledges the purpose of collecting votes, etc. Will prove to have proved that the purpose was to win the election.

The point is when the cash is distributed.

Last year, in March, a representative of Satoshi announced his candidacy for the House of Councilors election, followed by a unified local election in April and a House of Councilors election in July.

The prosecutor's office has prosecuted cash distribution from March last year when Senator Satoshi announced his candidacy to August immediately after the election.

On the other hand, the public office election law's takeover charges have been applied to many cash distributions during the election period and immediately before, and there are few cases where the takeover offenses are asked about the distribution three to four months ago. It has been with.

The court's judgment should pay attention to whether such a case is an acquisition.

<Issue #2: Sending off criminal penalties Illegal judicial transactions> In

addition, the prosecution's refusal to penalize all 100 people to whom cash is provided is one of the issues.

The Public Offices Election Law stipulates that not only those who provided cash but also those who received it will be punished as "acquired", but the prosecution often receives unilateral cash from former Minister Katsuyuki. It seems that the criminal disposition was postponed in consideration of the above.

However, the prosecution OB and some experts have pointed out that it is out of balance compared to the processing of past acquisition cases, and the civic organization of Hiroshima City also said, "I also ask the criminal liability of the person who received the cash. Should be done", the policy is to criminalize all 100 people in Hiroshima District Prosecution soon.

Former Minister Katsuyuki has a policy of demanding a “dismissal of public prosecution” because it is suspected that an illegal judicial transaction in which a statement is made in return for promising indictment has been made and that the indictment itself is illegal.

Local lawmakers, who are alleged to have received cash in court, are expected to appear as witnesses one after another, and how the court will judge the effect of the postponement of criminal penalties on the credibility of the testimony will also be a focus.

Kawai and his wife continue to be detained

Former Minister Katsuyuki and Representative Satoshi were arrested by the Tokyo District Public Prosecutor's Office on June 18, and have been detained at Tokyo Detention Center for more than 60 days since then.

Each lawyer requested bail twice after being indicted last month, none of which was granted in court.

According to the people involved, both of them are in good physical condition, but the former Minister Katsuyuki seems to be thinner than before the arrest.

Both of them have a policy of innocence at the trial, and former Minister Katsuyuki spends regular time in contact with lawyers and reading court materials at the detention center.

And it means that they are strongly motivated to innocent claims at trial.

Even if they were in the same detention center, they could not visit each other, and former Minister Katsuyuki may appear to care about the physical condition of Representative Satoshi.

At the first trial, the two will appear in public for the first time after their arrest and will make their own claims.

When the two left the Liberal Democratic Party on the day before their arrest, former Minister Katsuyuki told reporters, "I am deeply sorry for the inconvenience. I have never done so,” but Representative Satoshi only said, “I'm sorry because the lawyer has stopped me.”

The trial this time is a “100-day trial,” which is held approximately four times a week, so it was pointed out that it is difficult for defendants and lawyers to have sufficient time to meet in the detention center. It seems that they are also considering the second bail request.

The decision will come next year

The “100-day trial” is stipulated in the Public Offices Election Law for the purpose of expediting the hearing of election violation cases that are expected to be applied to the concession system, and the court will open the first trial within 30 days of prosecution and It is stipulated that you must try to reach a judgment within a day.

The purpose of this is to avoid losing the effects of the multi-seat system, etc., due to the decision of the candidate being elected during the term of office due to the prolonged trial.

In addition to the legislators who have been prosecuted for crimes such as the acquisition of a violation of the Public Offices Election Law, the “general president” who takes charge of the campaign campaign of the camp, the relatives of the members such as “spouse”, secretaries, etc. In the case of this case, former Minister Kawai will be subject to the "100-day trial" in two positions: "general leader" and "spouse".

Under the "Hundred-day trial," the case was prosecuted on July 8th, and you are required to pass a verdict by mid-October.

However, it is expected that more than 100 witnesses will be interrogated in this trial, and 55 deadlines have already been set by December 18th.

For this reason, it is expected that the sentence will be handed down next year, but the sentence within 100 days is a hard effort, and the sentence will not be invalidated beyond this.

Conditions for unemployment and invalidity of winning

Both former Minister Katsuyuki and Representative Satoshi have not resigned from the parliament, accusing themselves of being acquitted, but depending on the judgment of this case, they may lose their status as members of the Diet under the Public Offices Election Law.

For former Minister Katsuyuki, if he is sentenced to more than a fine in this case, his civil rights will be suspended and he will lose his job.

As for Satoshi, if he is found guilty at the trial, his election in the House of Councilors election last year will be void.

Even if Senatori was acquitted, if former Minister Katsuyuki was sentenced to more than a fine as the "general president of the camp" and the prosecution filed an appeal for the application of the seated system, then Senri The winning of will be void.

In addition, regarding the election campaign of Senator Rikiri, the Hiroshima District Court condemned Senator Rikiri's public secretary with a probation sentence even in the case where the so-called Miss Uguissu was paid more than the law stipulates. I will.

The public secretary has filed an appeal, but even if the sentence for imprisonment or more is confirmed and the multiple seat system is applied, the election of Representative Sato will be void.

The local government leaders who resigned

In this case, the influence is spreading in Hiroshima prefecture, where Mr. and Mrs. Kawai are local, because the heads of local governments and local members who are alleged to have received cash have resigned.

Among the 100 people who were said to have provided cash by Mr. and Mrs. Kawai, there are 40 members in total, including the head of Hiroshima prefecture and local council members. Among them, the top local governments are Mihara City, Akitakata City, Akiota. Three people in the town have resigned.

Former Yoshinori Tenma, the mayor of Mihara City, initially denied the cash donation from former Minister Kawai, but then turned around and admitted that he received 1.5 million yen in cash, and resigned in June. ..

Former Mayor Tenma said at a press conference, "I knew I had made a secret promise with former Minister Kawai and kept it. However, I thought that I could not continue to say that I had not received it to the citizens and decided to do a miso. However, I can't help but be told that I lied."

In addition, four local members have resigned to date, and multiple parliamentary proposals for resignation have been submitted to the members. On the other hand, some legislators still don't disclose cash transfers.

Many members of parliament who are alleged to have received cash have not explained in public, and voters have criticized that they have not fulfilled their accountability, raising distrust of members.

Regarding the criminal liability of local lawmakers who are alleged to have received cash, the prosecutor's office seems to have postponed criminal penalties in consideration of the fact that there are many cases where cash was handed unilaterally by former Minister Kawai. ..

Regarding this, civic groups are planning to criminally prosecute all 100 people to the prosecution, saying that "the responsibility of the person who received the cash should also be blamed."

In a future trial, several lawmakers were willing to testify as NHS interviewers as witnesses to the prosecution, and some of them said, "I want to think about going back and forth after the trial ends." I will.

Depending on the content of the hearing in the future, there is a possibility that the politics of Hiroshima will be further affected.

Former criminal judge, "How do cash providers respond?"

Former criminal judge and professor Tomoyuki Mizuno of the Hosei University Law School said, ``It is guilty or not guilty whether it is determined that the provision of cash was not a political activity but an acquisition purpose to elect Satoshi. It will be."

In addition, he added, ``Because the money is not colored, whether the court is a political activity or an election purpose by combining various factors such as the time when the cash was delivered, the behavior during the exchange, the relationship with the cash recipient, etc. It's a world where there is no such thing as recordings or other evidence, so it's important to see how local councilors, who are supposed to provide cash, respond to witness interrogation."

In addition, all 100 people who are supposed to be provided with cash have been postponed for criminal disposition, and it is the policy that former Minister Kawai will request "dismissal of public prosecution" because of suspected illegal "judicial transaction" Regarding this, Professor Mizuno said, "There have been few cases in which the court has decided to "dismiss the case" and the hurdles are high, but it is fair to say that it is "unfair" that the cash recipient has not been charged. I think there will be a part of it. I think that the investigation of the prosecution will be taken up during the witness interrogation of local lawmakers, so I would like to pay attention to what judgment the court will make as both parties make their claims."