The former president of a real estate company, who was arrested and charged in a misappropriation case investigated by the Osaka District Public Prosecutor's Office and was found not guilty in a criminal trial, was detained for a long time due to an illegal investigation and was forced to resign as president. A civil trial has begun, and the country has shown a fighting stance.

Shinobu Yamagishi (59), who was the president of the Osaka real estate company Pressance Corporation, was arrested and charged by the Osaka District Prosecutor's Office three years ago for being involved in an embezzlement case of 2.1 billion yen over land transactions of a school corporation. However, he was found not guilty in a criminal trial.



Mr. Yamagishi was detained for about eight months and forced to resign as the president after two prosecutors conducted an illegal investigation such as threatening to draw a statement in line with the story drawn by the special investigation department in the investigation of the people concerned. In March, he filed a civil trial seeking compensation of more than 700 million yen from the government.



The trial began at the Osaka District Court on the 13th, and Mr. Yamagishi said, "I lost a lot of things due to the crime, but the prosecution has not apologized and I think that no measures have been taken to prevent recurrence. I want you to verify how much damage has occurred. "



He then asked the country to submit a video, saying that it was necessary to check the recordings of the interrogation in order to clarify the illegality of the investigation.



Meanwhile, the country demanded that the complaint be dismissed.

Mr. Yamagishi "I want the prosecution to look at the mistakes and reflect on them."

Mr. Yamagishi, who had a press conference after the trial, said, "I want the court to judge fairly and fairly what was the cause of the prosecution's failure. The prosecution looks at their mistakes and reflects on them. I want you. Since the recording of the interrogation is the basic evidence, I think it is natural for the government to submit it and have it adopted by the court in the future. "

"Recording the investigation and recording the actual situation of the illegal investigation"

At this civil trial, Mr. Yamagishi is appealing to clarify the actual situation of the illegal investigation by the prosecution by examining the recordings of the interrogation as evidence.



In the criminal trial, a part of the recording of the prosecutor's interrogation of Mr. Yamagishi's subordinates was released in court.



The Osaka District Court, who was acquitted, said that the prosecutor had told Mr. Yamagishi's subordinates, "I'm a big sinner who has damaged the company's reputation. Are you prepared to bear the damage that the company suffered?" He criticized the prosecution's investigation, pointing out that it could make his subordinates feel more responsible than necessary and make statements that are not true.



At the time of the criminal trial, the prosecution disclosed a DVD of the recording to Mr. Yamagishi's defense team.



The defense team said that in the part that was not disclosed in the court of the criminal trial, there is a possibility that the prosecutor is


hitting the desk in front of his subordinates and that


if he confesses, there is a possibility of suspended sentence. It is said that it also includes scenes that make remarks that induce.



However, even if Mr. Yamagishi wants to clarify the problem of the prosecutor's interrogation in combination with these situations, the recordings disclosed in the criminal trial cannot be submitted to the civil trial as they are.



Under the Criminal Procedure Law, the evidence disclosed by the prosecution to the defendant is only allowed to be used for the preparation of criminal proceedings and the procedure of the case, and its use for any other purpose is prohibited and penalties. Because there is also.



It is also considered unintended to be used in civil courts because of the personal information contained in the evidence and the need to protect privacy.



For this reason, on the 13th, Mr. Yamagishi requested that the government submit a recording of the interrogation to the court as evidence of a civil trial.



He also urged the court to urge the state to submit.



On the other hand, the government will consider whether to submit it in the future.

Expert "Clearly deficient in the Code of Criminal Procedure"

Professor Makoto Ibusuki of the Faculty of Law, Seijo University, who is familiar with the handling of evidence in criminal cases, said, "The evidence disclosed in criminal cases reveals the truth to those who have been acquitted and to society. It is natural to file a civil trial in an attempt to pursue the responsibility of the national and local governments and restore their honor, but at that time, the evidence of the disclosed criminal case is regarded as "unintended use" and cannot be submitted by the plaintiff. , Clearly a flaw in the criminal litigation law. "



On top of that, "The current system is mostly left to the prosecution to use and provide evidence, and this issue raises the fundamental theme of" who the evidence belongs to. " The law should be amended so that those who have been acquitted can use the evidence disclosed in the trial. "