[Pick] Motherland "refuse to testify, my rights"… What is Article 148 of the Criminal Procedure Act?

In today's (3rd) trial, when former Justice Minister Cho Kook and Professor Chung Gyeong-sim stood together in court for the first time,'Criminal Procedure Act Article 148' emerged as another concern.

Former Minister Cho appeared as a witness this morning at the trial of his wife, Professor Kyung-Shim Chung, who was accused of irregularities in the entrance examination for children and allegations of private equity funds.

(Prosecutor) There is a fact that I posted on November 20th at 1:32 pm, saying that it is the day of the festival.

Did you have a joint rite?

(Prosecutor) Did you know that your father tried to entrust the stock to Joe ○○ at the time?

(Prosecutor) The witness (my motherland) seems to have talked with the defendant (Jeong Gyeong-shim) in relation to property, such as saying that it hurts to sell Samsung Electronics stock through Telegram text message as above, right?

At the trial held at the hearing of the 25-2 of the Criminal Agreement of the Seoul Central District Court, the prosecution asked close to 110 questions during an hour in the morning witness newspaper.

As you can see above, former Minister Cho answered all of the prosecution's questions, "I will follow Article 148 of the Criminal Procedure Act." He refused to testify to all the prosecution's questions.

Article 148 of the Criminal Procedure Act is the'criminal responsibility of close relatives and refusal to testify'.

"You can refuse to testify that you or your relatives will be convicted."

Examples of such exercise of the right to reject statements include former Prime Minister Han Myung-sook in the 2010 bribery trial and Lee Jae-yong, vice chairman of Samsung Electronics at the Gukjeong Nongdan trial in 2017.

Former Minister Cho, who took the oath of witness prior to today's prosecution's newspaper, also said, "I will exercise the rights granted under the Criminal Procedure Act against the prosecution's newspaper."

As a law professor, based on his legal knowledge, he said, "I have argued for the historical significance and importance of the right to reject statements. I hope that the prejudice against the exercise of the right to reject statements will not work in court."

The prosecution protested, saying, "Even at the time of the prosecution's investigation, he refused to make a statement, saying,'I will reveal the truth in court,'" and "As the lawyers and witnesses said, it is'court time'."

The prosecution also urged to testify, saying, "The witness has distorted the facts and criticized the prosecution through social media outside the courtroom."

When former Minister Cho tried to refute the prosecution, the Ministry of Finance said, "A witness is a person who answers questions, not a person who speaks opinions."

It is known that Cho, unlike his usual court appearance, applied for witness support service in advance and entered the court privately today.

This is'News Pick'.

(Photo = Yonhap News)