Former Minister of Justice Katsuyuki Kawai was sentenced on the 18th in a trial charged with taking over a violation of the Public Offices Election Act, alleging that he had distributed a total of more than 29 million yen to 100 local members in the Upper House election. Will be handed down.

The former minister acknowledges most of the charges and focuses on how the court judges the weight of the sentence.

Former Minister of Justice Katsuyuki Kawai (58) said that his wife, Anri Kawai, a former member of the House of Councilors (47), was elected for the first time in the House of Councilors election. He has been accused of taking over a violation of the Public Offices Election Act for giving out a total of more than 29 million yen to 100 people.



The trials have been held 56 times since August last year, and the big issue was whether or not there was a purpose for the acquisition.



The former minister initially pleaded not guilty, but in a March accused question, he turned the claim that he would not dispute election acquisitions in general and admitted most of the charges. It was.



After that, he asked for a suspended sentence, saying, "I would like to apologize for stepping on the soil of my hometown as soon as possible."



On the other hand, the prosecutor's office insists that he should be sentenced to four years in prison and sentenced to imprisonment, saying that "the crime was unheard of and lost confidence in the election."



In a very unusual case in which a former Minister of Justice was charged with a takeover, the decision focuses on whether a sentence is sentenced to imprisonment, a suspended sentence, or the weight of the sentence.



The judgment will be handed down at the Tokyo District Court at 1:30 pm.

The weight of the sentence

Former Minister Kawai has admitted most of the indictment, so the decision will focus on whether the sentence will be sentenced to imprisonment, a suspended sentence, or the weight of the sentence.



The prosecutor's office argued that he should be sentenced to four years in prison and sentenced to imprisonment, saying, "It should be severely punished. It is essential to be treated in a correctional facility."



On the other hand, the defense said, "We cannot deny the desire to elect former Senator Anri, so we will not dispute the establishment of the takeover crime, but the main purpose of providing cash is to expand the party," he said. I asked.



There are few judgments that have been sentenced to imprisonment for acquisition in the past, and in the judgment,


▽ how many of the 100 people who provided cash are recognized as acquisition,


▽ the former minister is in a position to take over the camp. It seems that the weight of the sentence will be affected by whether or not the person is recognized as a "person."

Issues and claims of both sides

Issue 1 [Is cash provision the purpose of acquisition?]

The biggest issue in the trial was whether there was an acquisition purpose to ask for a vote.



Under the Public Offices Election Act, acquisitions that request the collection of votes and hand over cash for the purpose of winning candidates are prohibited, but donations to political groups of politicians for the purpose of expanding the party are permitted. I am.



Former Minister Kawai acknowledged most of the indictment, saying in a March defendant's question, "I can't say I didn't want to win my wife."



On the other hand, he said, "It was to motivate me to follow me," and insisted that the main purpose was not to acquire, but to solidify his political foundation.



He also claimed that 10 of the cash recipients, including election staff, supporters, and local lawmakers, had no purpose in the acquisition.



In response, the prosecution claimed that it had the purpose of the acquisition, saying, "I tried to buy a vote for money in order to win the election of former Senator Anri.



According to the prosecution, the charges were 128 times for 100 people, and a total of more than 29 million yen in cash was distributed for the purpose of acquisition.



The focus is on how far the decision will determine the acquisition.

Issue 2 [Is it the general manager]

It is also a big issue that former Minister Kawai may be recognized as the "general manager" who has taken over the camp of former Senator Anri.



The weight of the punishment for the acquisition is


▽ imprisonment or imprisonment for up to 3 years, or


▽ fine of up to 500,000 yen


, but if it is recognized as the "general manager",


▽ up to 4 years Imprisonment or imprisonment, or


a fine of ▽ 1 million yen or less


will affect the weight

of the

sentence.



In a question asked by the accused, former Minister Kawai said, "I would like to leave the evaluation to the judgment of the court."



The defense urged the court to make a cautious decision, saying that "it is hard to say that it is actually the centerpiece of the campaign."



In response, the prosecution said, "We selected the staff of the election office, decided on the role, grasped the payment status of exercise expenses, and asked for approval in advance for large payments," said the former minister. Claimed to have been in the position of a person.

Issue 3 [Collusion with former Senator Anri]

One of the issues is the establishment of a collusion with former Senator Anri.



Former Senator Anri's decision allowed collusion and has already been finalized.



The former minister pleaded not guilty to the four local lawmakers who gave cash to former lawmaker Anri Kawai, saying the collusion was false.



On the other hand, the prosecution has positioned the list of cash recipients seized from the former minister's computer as strong evidence of the collusion of the two, "created and managed by the former minister, and accurately records the cash provided by the two. It's stated. It's clear that the collusion had been established. "

Former Minister Kawai's remarks in court

We have summarized the statements made by former Minister Kawai in court.



[Initially acquitted] At



the first trial on August 25, last year, former Minister Kawai stated that he was not guilty of requesting an election campaign such as voting for Anri Kawai and collecting votes. Insisted.



When he appeared as a witness to the trial of former Senator Anri Kawai on October 22, former Minister Kawai said, "I myself have been prosecuted for criminal charges and am a defendant, so I would like to say what I need in my own trial." He refused most of the testimony.



[Almost admit the content of the indictment in the accused question]



On the first day of the accused question held on March 23, "The case of conspiring with Anri Kawai to make an election acquisition is completely contrary to the facts, so I pleaded not guilty. Also, the money given to the office staff is not a fact of election acquisition, "he said, acquitting the conspiracy with former Senator Anri and the provision of cash to the office staff.



On the other hand, "I have never explicitly requested a vote due to each person's unique reasons, purpose, and circumstances, but I was elected by Anri Kawai in order to realize the party's big policy that the LDP will win two seats. I can't say that I didn't want to get it at all, and I can't deny it. I'm not saying everything for the purpose of the acquisition, but in general, I won't contend for an election acquisition. " , I admitted most of the indicted content, changing from the previous acquittal.



Regarding the change in mind that changed his claim, he said, "After being released on bail, I received a phone call from the priest who was kindly instructing me. Being honest in front of you is the first priority, and please face your inner self in good faith. "



When asked by a lawyer about his advancement and retreat as a politician, former Minister Kawai said, "I decided to resign as a member of the House of Representatives," after being silent for about 15 seconds. I am prepared to accept any punishment. "



[The purpose of providing cash is ground culture]



On March 24, the second day of the accused's question, he said, "When I returned to Hiroshima, I thought,'I'm really alone.' The donation to the local lawmakers was a stepping stone to building relationships and becoming the chairman of the Hiroshima Prefectural Federation of the LDP. "



Regarding the purpose of providing cash to local lawmakers, he insisted, "I also wanted to give an advantage to the election of Anri, but it was not the main purpose, but my desire to eliminate my sense of isolation and loneliness." ..



[Acquisition funds are from the funds on hand]



On April 5, the sixth day of the accused's question, he explained how to raise the funds distributed to the local lawmakers. I was accumulating by doing things like that. "



He explained that the total of 150 million yen transferred from the LDP headquarters was used up due to the expenses for distributing the LDP's bulletin, etc. "I knew well that a strict audit of the party headquarters would be carried out. I had no intention of using the party grants to fund the acquisition. "



[Announcement of retirement from politics] At



the end of the accused's question, "I had the idea of ​​taking over even for a moment, and since I took such an action, I am no longer eligible to receive a referee from voters. He is a human being and will not be elected for the rest of his life. "



【apology】



In his final statement on May 18, he once again apologized, "What I did was never forgiven for whatever reason, causing political distrust and apologizing from the bottom of my heart."



He added, "If allowed, I would like to step on the soil of my hometown as soon as possible and apologize. As a politician, Katsuyuki Kawai, I would like to fulfill my final responsibility."

Background of the incident

Former Minister of Justice Kawai, who was the head of legal administration, was charged with the acquisition.



The alleged election violation of his wife, Anri Kawai, a former member of the House of Councilors, was triggered in October by a weekly magazine reporting that she was paying the so-called Miss Uguisu more than required by law.



In response to the press, former Minister Katsuyuki Kawai resigned just 50 days after taking office as Minister of Justice.



Last January, the Hiroshima District Public Prosecutor's Office searched the offices and home condominiums of Mr. and Mrs. Kawai in Hiroshima City on suspicion of violating the Public Offices Election Act.



In March, the Hiroshima District Public Prosecutor's Office arrested the couple's public secretaries on suspicion of acquiring a campaigner who violated the Public Offices Election Act for paying Miss Uguisu illegally.



Exactly one year ago, on June 18, last year, the Tokyo District Prosecutor's Office arrested Mr. and Mrs. Kawai, and allegedly distributed more than 29 million yen to a total of 100 people for former Minister Kawai, on charges of taking over a violation of the Public Offices Election Act. I was charged.



The trial began in August last year and was held in the "Hundred Days Trial," which accelerates the trial.



At the first trial, the former minister said, "Cash was not provided to request the collection of votes," and former Senator Anri Kawai also said, "I have never handed cash for the purpose of winning." Insisted on innocence.



The trials of the two were carried out halfway together, but the trials were separated after the former minister dismissed the defense team in September last year and the trials were suspended.



In the trial of former Senator Anri Kawai, who had been heard earlier, the Tokyo District Court admitted on January 21 that the purpose of giving cash to four local lawmakers was for the purpose of acquisition, and was sentenced to 1 year and 4 months in prison. , Convicted of five years suspended sentence.



Following the ruling, former Senator Anri resigned as a member of the House of Councilors.



The conviction was confirmed, and former Senator Anri Kawai was invalidated from the House of Councilors election and was banned from running in all elections for five years.



On the other hand, the trial of the former minister continued after that, and the number of witness cross-examinations reached more than 50, and the witness cross-examination by the "video link method" that connects the Hiroshima District Court and the Tokyo District Court by video and audio is also unusual. It was a trial.



Then, on the first day of the accused's question on March 23, the former minister changed his acquittal claim, saying, "Not all are for the purpose of acquisition, but in general, we will not dispute the election acquisition." And admitted most of the charges.



In addition, he announced his resignation in court and was granted resignation in April.



The former minister's trial has been tried 56 times, and the decision has finally been reached.

Former Prosecutor of the Special Investigation Department "If all are recognized as acquisitions, imprisonment

Regarding the outlook for the decision, Yasuyuki Takai, a former prosecutor of the Tokyo District Prosecutor's Office, said, "If all the indictments are found to be an acquisition, it will be sentenced to imprisonment based on the amount and number of people distributed. If there is a part, the purchase price will decrease, so the extent to which the acquisition is recognized will be the difference between imprisonment and suspended sentence. "



In addition, Takai said, "Elections are the basis of democracy," said former Minister Kawai, who admitted that the acquisition was intended, but claimed that the main purpose was to strengthen his political base. There is also the aspect that political activities for democracy must be carried out freely. From the perspective of not only the campaigners but also the voters, it is a violation of the election from here onward, so you should not be involved. I would like to pay attention to whether there is a clear guideline or way of thinking. "

The disposition of the member who received the cash

Of those who received cash from former Minister Kawai, 33 are still local councilors, and if they are convicted of a takeover and convicted of a fine or higher, their civil rights will be suspended and they will lose their jobs. There is a possibility.



From now on, the prosecution's disposition will be the focus.



Under the Public Offices Election Act, the takeover will also be guilty of the recipient of the cash, and if a conviction of a fine or higher is confirmed, civil rights will be suspended and a member of the Diet will be dismissed.



Of the 100 people to whom former Minister Kawai distributed cash, 40 were politicians such as the mayor, town mayor, and local councilors.



In addition, one of the election staff members subsequently won the election and is now a local council member.



A total of 41 of these have resigned after being found to receive cash, and 33 are currently local councilors, but will lose their jobs if convicted of a fine or higher. Will be.



However, the prosecution has not so far criminalized the 100 people who received the cash.



The complaint from the citizens has been issued to the Hiroshima District Public Prosecutor's Office and accepted by the Tokyo District Public Prosecutor's Office, and the focus will be on what kind of judgment will be made in the future.



Regarding the prosecution's proceeding with the trial of the former minister without disposing of local lawmakers, the lawyer of the former minister said, "It is advantageous to leave the prosecution withholding the disposition of the acquired person who received the cash. It's clear that we're trying to get testimony, and it's a highly illegal investigative method. "



He calls for the termination of the trial and argues that the credibility of the testimony of local lawmakers should be judged carefully.