Is that money a political activity?
Election campaign?
Former Minister of Justice Kawai to decide on acquisition case June 15, 17:06
It was a sudden confession of former Minister of Justice Katsuyuki Kawai, who had held important positions in national affairs.
"When I returned to Hiroshima, I thought,'I'm really alone.'" The
court said that the motive for providing cash was "ground culture," that is, strengthening relationships with local lawmakers and building a support base. Said in.
How legal is it for a politician to give money to a politician, and where is the acquisition?
The ruling handed down on the 18th in an unprecedented large-scale takeover case could be a warning to the exchange of money between politicians.
(Reporter, Social Affairs Department, Hiroshi Izawa)
Turn from acquittal
In the House of Councilors election in the first year of the House of Councilors, where his wife, Anri Kawai, ran for office, he was accused of taking over the Public Offices Election Act for giving out about 29 million yen to 100 people, including local members and members of the supporters' association. Former Minister of Justice Katsuyuki Kawai.
He pleaded not guilty at the first trial last August.
However-
Former Minister Katsuyuki Kawai (Question by the accused on March 23, 2021)
"I cannot say that I had no desire to win Anri Kawai, and I cannot deny it. All for the purpose of the acquisition. I'm not sure, but I'm not generally competing for election acquisitions. "
The former minister admitted most of the indictment on the first day of the accused's question.
It seemed as if he had stopped claiming innocence and showed almost no dispute over the content of the indictment.
However, the former minister had a line that he could not give up.
Former Minister Katsuyuki Kawai (Question by the accused on March 23, 2021)
"I do not deny the feeling that I wanted to win my wife, but on the other hand, the basis of party politics, such as all party expansion activities and ground culture activities. I am convinced that declining everything involved in the campaign as an election campaign will leave a stigma in Japan's democracy. It may atrophy and constrain the daily activities of politicians and supporters operating nationwide. must not"
In other words, it is argued that distributing money for the purpose of expanding the party or culturing the ground is a normal "political activity" and not an "election campaign", and it is safe to distribute money in political activities.
After making his own allegations about the line between illegal and legal, the former minister said in the next question, "I have decided to resign as a member of the House of Representatives," and announced his resignation.
"Political activities" and "election campaigns" In the Public Offices Election Act
How is it stipulated in the Public Offices Election Act, which stipulates the rules of "politics and money"?
Activities aimed at winning an election are positioned as "election campaigns," and distributing money to voters is a takeover and subject to criminal penalties.
Election takeovers are illegal to prevent the rich from gaining an election advantage.
In the Meiji era, there was a requirement for tax payment to run for candidacy, and the number of people who could run for candidacy was extremely small.
The current constitution states that you must not discriminate on the basis of property or income when you become a member of the Diet.
On the other hand, politics costs money.
For example, looking at the income and expenditure reports submitted by former Minister Kawai's political party branch and fund management organizations, a large amount of expenses are incurred as office expenses, communication expenses, personnel expenses, and transportation expenses.
If you hold a rally to appeal to voters, you will have to pay for the venue.
In addition to these expenses, donations to political groups of politicians for the purpose of culturing the ground and expanding the party are also permitted as "political activities".
How many days ago was the election campaign?
However, there is no stipulation as to how many days before the election it is allowed to distribute money as "political activity" and how many days before it is prohibited as "election campaign".
In most of the acquisitions that have been prosecuted in the past, the cash was handed over during or shortly before the election.
In the case of former Minister Kawai, cash donations nearly four months before the election were also charged with the acquisition. This is said to be unusual.
Is the provision of cash, which has not been prosecuted by the prosecution so far, also a crime of acquisition? If found guilty of a takeover, it could affect the traditional practice of exchanging cash between politicians.
[Katsuyuki Kawai former Minister of major cash provided (※ from prosecution content)]
<2019>
March 13, the Liberal Democratic Party headquarters Ansatomoto lawmakers in the House of Councilors election candidate certified
March 20 Ansatomoto deputies House of Councilors election candidacy announced
March 23rd First cash offer in the content of the indictment 200,000 yen
Late March Hiroyuki Fujita
500,000 yen for the
Hiroshima City Council
March 27 Yoshinori Tenma 500,000 yen for the former Mayor of Mihara
March 29 Hiroshima Prefecture Election / Hiroshima City Election (Unified) (
First
half of local election) Announcement
April 1 Shinya Okuhara 500,000 yen for the
Hiroshima Prefectural Assembly
April 5 Osamu Taniguchi 500,000 yen for the Hiroshima City
Assembly April 7 Yasumitsu Shimohara 500,000 yen for the Hiroshima Prefectural Assembly (Former Representative Anri Kawai)
April 7th
First
half of unified local elections
April 13 Jun Okii 500,000 yen to the Hiroshima prefectural assembly
April 14 Second half of the unified local elections
April 21 Second half of the unified local elections
May 25th Nobuya Okuhara 500,000 to the Hiroshima prefectural assembly Yen (former member of the House of Councilors Anri)
May 31
Anri
Kawai Former Secretary of the Minister 1 million yen
June 2 Yoshinori Tenma Former Mayor of Mihara 1 million Yen
June 23 Shinya Okuhara Hiroshima Prefectural
Assembly
1 million Yen
July 3 Former Minister Shizuka Kamei 2 million yen
July 4 House of Councilors election announcement
July 21 House of Councilors election vote
August 1 Last cash offer of 100,000 yen
Former Minister Kawai talked about the intention of providing cash
Former Minister Kawai argued that the main purpose of distributing cash was "ground culture" and "expansion of party power."
In the background, he confessed that he had been in a difficult situation in Hiroshima politics.
Former Minister Katsuyuki Kawai (Question by the accused on March 24, 2021)
"When I first ran for the House of Representatives election at the age of 30, the Liberal Democratic Party headquarters officially recognized me over the head of the Hiroshima Prefectural Federation. The relationship did not improve and no one was willing to support me in the elections. "
" In Tokyo, even though I am moving around in diplomacy and security, I am in Hiroshima. When I returned, I thought, "I'm really alone."
"Even
though I was
elected for the seventh term, I was skipped when I was inaugurated as the prefectural president, and I felt estranged and lonely.
" Donations to local lawmakers were just the foundation for building relationships and becoming the prefectural president. "
" We will build relationships through donations and donations that are common in the political world. "
The time when the former minister handed out cash was often before and after the unified local elections, when local lawmakers were in the elections.
It was three months before the House of Councilors election of former Senator Anri.
Former Minister Katsuyuki Kawai (Question by the accused on March 24, 2021)
"If there is nothing, I think" What? " I gave it as a "sympathy" or a "winning celebration" to motivate me to follow me. "
It is said that the "sympathy for the team" and "celebration of winning" in the election of the other party are good names for giving cash.
Only the former minister knows whether these court confessions are true or whether they are an excuse to lighten the sentence.
However, there is no doubt that it is an important issue regarding "politics and money."
If it is judged that the exchange of money that the former minister himself felt "normally done in the political world" corresponds to the "election campaign", he even said that he would "leave a stigma in Japan's democracy." It is.
Is there a "3-month rule"?
How many days before the election will the normal "political activity" and "election activity" be delineated?
During this trial, several prefectural councils on the receiving side testified about their perceptions within Hiroshima politics.
Tetsuo Okazaki Hiroshima Prefectural
Assembly
(Cross-examination of witnesses on October 2, 2020)
"Although it is not the Public Offices Election Law, there is a" three-month rule ". The intensive control period for investigations is three months before the announcement. I didn't think deeply about March 30th, as it was three months before the announcement. "
Noriko Watanabe Hiroshima Prefectural
Assembly
(January 8, 2021 Witness Interrogation)
"Be careful about money about three months after the election. Don't take out your wallet in the first place."
In other words, it could be considered an election acquisition from three months ago, and conversely, there was widespread recognition that it would be okay if it was more than three months away.
On the other hand, it is also interesting that the former minister who handed over the cash stated differently that it would be difficult to draw a line depending on the time.
Former Minister Katsuyuki Kawai (Question by the accused on March 24, 2021)
"The word'resident battlefield'is often used, but I don't know when the House of Representatives will dissolve. There is no clear distinction between campaigns and campaigns. It is impossible that regular political activities and campaigns after the date of publication are cut off. On the contrary, there is politics as an extension of the election, and it is stated in the pledge. It's political activity that makes things happen. It's not realistic to separate the two from each other. Judge, I would say, "Don't say you." In general, it should not be an election violation because it is close to the public announcement date. "
The former minister did not argue that it was not an acquisition because it was too late.
If the law stipulates a "three-month rule" and a rule that does not correspond to an acquisition is established, it is expected that money will fly before that.
If you draw a line at different times, it could trigger more acquisitions.
In the judgment of former Senator Anri
Whether it was an "election campaign" or "political activity" was also an issue in the trial of his wife, Anri Kawai.
In the judgment of the Tokyo Yasuaki presiding judge Takahashi of the district court in January, as if the elements to determine whether the hit to the acquisition,
(1) election situation
(2) of the cash transfer time
(3) the relationship between the people of position and the defendant received
( 4) Situation when cash was handed over
(5) Five amounts
were listed.
Regarding the purpose of giving cash to the four prefectural assembly members, former member Anri Kawai said, "It was a difficult election situation because we could not get the support of the Hiroshima Prefectural Federation of the LDP and we could not expect the support from the local members. The amount of money given to is commensurate with the compensation for collecting votes. "
It was decided that it would be an acquisition without specifically mentioning when the cash was handed over.
Judge Takahashi is also in charge of the trial of former Minister Kawai.
“Votes should be clean”
To what extent is it legal for a politician to give money to a politician, and where should he consider it an acquisition?
We spoke with Yasuyuki Takai, a former prosecutor of the Tokyo District Prosecutor's Office, about the testimony about politics and money and the remarks of the former minister that came out at the trial.
Former Tokyo District Public Prosecutor's Office Attorney Yasuyuki Takai
"The" three-month rule "that was widespread in Hiroshima does not exist by law and should not be delineated by period. In the first place, political activities such as ground culture are my own principles. It is not suitable for democracy to appeal the claim and recruit supporters, and to distribute money and cultivate the ground. Even if a case like this is an acquisition, it will not be possible to carry out political activities. No. On the other hand, even a decent political activity costs money such as transportation costs and communication costs. If you should not use such money, democracy will die. The "vote" is clean. Should be "
Takai points out that politicians should not give money to politicians to cultivate the ground.
Former Minister Kawai was also charged with giving cash to as many as 100 people in various situations.
Takai said he hopes that the ruling will make many important decisions about the line between "political activity" and "election campaign."
Former Tokyo District Public Prosecutor's Office Attorney Yasuyuki Takai
"By looking at what kind of judgments will be made to each of the 100 people who gave cash, what should be considered as political activities and where should be considered acquisitions? I think you can see the sex. The judgment is an indicator that governs the behavior of political party officials and politicians. "
An incident that involved many local lawmakers and chiefs and greatly shook the trust of Hiroshima politics and national politics.
I would like to pay attention to the whereabouts of the decision, as well as the political and financial issues and the decision to clean the election.
The decision will be handed down in the Tokyo District Court on June 18.
Social Affairs Department Reporter
Hiroshi Izawa
Joined in 2013.
After working at Fukui Broadcasting Station, the Social Affairs Department.
In charge of judiciary since last summer.