"乙号証の証拠意見書" is available for the Defendant to use in Japanese criminal courts.©2024 Takashi Kawaguchi
We pray that you (the defendant) who are indicted in Japan will receive a Fair Criminal Trial🙏
This article is an English translation of the following article by the author.
本稿は、筆者の以下の記事を英訳した内容です。
「乙号証の供述調書の証拠意見書（被告人）」を公開します【起訴された被告人とご家族へ】
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| If the defendant file this "証拠意見書" to the court, your "defendant's statement" written by the investigator will not be used in court as a rule. |
For you (the defendant) who have been charged in a criminal trial in Japan, We are releasing an "証拠意見書" that you may file with the court as a defendant.
Please ensure you read the [Important Notes] and the entire description carefully before using this service.
[Important Notes]
Important Notes About the "証拠意見書"
・Disclaimer: The creator of this document accept no liability for its use. You must use it At your own risk.
・Document Integrity: This document has been created by an attorney well-versed in criminal trial practice, and it is not anticipated to result in any disadvantage to the user in court. However, the creator will not be liable for compensation should any damages occur.
・Inform your defense counsel about your intention to use this document "証拠意見書".
・If you wish for your defense counsel to "not have the prosecutor use my statement written by the investigator, but to ask the defendant questions first（被告人質問先行 in Japanese）," most defense counsel will understand and will be willing to defend you according to your wishes.
・Priority in Court: When you file documents with the court, your opinion takes precedence over the opinion of your counsel. This document has strong force in court proceedings.
About Legal Consultation with the author.
・Questions about the case should be directed to your defense counsel first.
・A second opinion consultation on a case is charged. The fee for legal consultation with the author, Takashi Kawaguchi（川口崇弁護士）, is 11,000 yen per hour. An appointment is required for consultation.
・Interpretation fee is required separately.
・If you would like the author, Takashi Kawaguchi（川口崇弁護士）, to provide a second opinion by visiting the Police station or Detention House to meet with the defendant in detention in person, an initial visit fee of 55,000 yen is required.
Interpretation fee is required separately. A daily business allowance and transportation fee will be charged for travel outside Kanagawa Prefecture.
・Family members or representatives must contact us prior to the counsel's visit and arrange payment via bank transfer before the visit.
・Direct requests for visits from detained defendants will not be accommodated.
All communication must go through family members or other representatives.
Printing and Filing the "乙号証の証拠意見書" with the Court
Download, print the file in PDF format, sign, and seal it, then file it with the court handling your criminal case. The documents can be mailed to the court.
Documents Download Link
Printing Methods.
The PDF file can be printed at convenience stores such as Seven-Eleven, Lawson, and FamilyMart.
It is easy to save PDF data from a PC to a USB memory stick and print it at a convenience store.
Even if you don't have a computer and printer, you can print from your smartphone app.
You can print it at Seven-Eleven, Lawson, FamilyMart, and other convenience stores in Japan.
Explanatory videos on YouTube.
Seven-Eleven_iPhone , Seven-Eleven_Android , Lawson, FamilyMart
For Families of Detained Defendants.
If the defendant is detained and you are viewing this page, print the "Documents" and "this page", and mail it to the defendant for reference.
A Japanese Language web page is also required as a translated text, so print it.
*In case of Refusal at Police Stations or Detention House.
Should the Police Stations or Detention House refuse the submission of documents, inform the court clerk handling the case by phone.
The court clerk informs the judge of the situation.
If you call the Litigation Section of the Criminal Division of the District Court, they will tell you which court clerk is assigned to your family's case.
About the Content of the「乙号証の証拠意見書」
This document is an opinion letter to the court in which you request that the court not use your statement written by the police officer or prosecutor made during the investigation phase in your criminal trial.
In fact, Japanese judges do not look at any evidence at the beginning of a criminal trial.
The judge only knows the information in the "charging sheet（起訴状）" that is in your possession.
The prosecutor will request as evidence the "defendant's statement", written during the pre-charge (suspect) phase.
The number of the evidence is generally called "乙号証".
The numbers are 乙第1号証・乙第2号証・乙第3号証・乙第4号証…。
The judge first asks the defense counsel, "Do you agree to use the prosecutor's requested evidence ?" in the criminal trial.
Some defense counsel may passively say, "I agree with all the requests for evidence."（「すべて同意します」in Japanese.）
After hearing from the defense counsel, the judge does not further confirm the evidence opinion with you (the defendant).
If you do not express any opinion or objection at this point, all the prosecutor's requested evidence will be adopted and read in court.
If you remain silent, your defense counsel's evidence opinion "I agree with all" will be considered as your opinion of evidence.
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| If you have signed the “written statement（作文）”, the prosecutor will request the "defendant's statement" to use it as evidence in the trial. *the source「司法警察職員捜査書類基本書式例」 From 山中理司先生s BLOG |
The evidence requested by the prosecutor includes your statement.
If you (the defendant) do not want "defendant's statement" made during the suspect phase to be used in trial because "It was written by a police officer or prosecutor," you must declare to the judge, "I disagree!"（不同意です！）.
The Japan Federation of Bar Associations strongly criticizes a “written statement（作文）”, saying that "Do not allow the interviewer to make up statements".
Do not allow the interviewer to make up statements
What you say in the presence of a police officer and a prosecutor is called a “statement.”
The police officer and prosecutor will prepare document called a “written statement.”
A “written statement” will be “evidence” in your case.
Please understand that even if you tell the court “what is written in the written statement is actually wrong” during the trial, it is extremely difficult to get the court to believe you.
Therefore, be careful of the items discussed below when the written statement is prepared by the interviewer.
Adapted from "Suspect Notes" Japan Federation of Bar Associations.
The reality of your experience is a story that only you can truly tell.
If you do not want a written statement in the words of a police officer or prosecutor to be used as evidence in a criminal trial, do not hesitate to declare "I disagree!"
・"Defendant's statement" will not be used in court, as a general rule, if you simply declare to the judge "disagree!" or file this document with the court.
In most cases, the prosecutor will withdraw, giving up on requesting the statement as evidence.
・On the contrary, If you express no opinion, it is deemed that "you had no objection," i.e., "you agreed". This is a precedent set by the Supreme Court in Japan precedent,1951.
After the criminal trial is over, you declare "I disagree!" but it is difficult to withdraw agree later.
As your criminal trial begins, it may be challenging to declare "I disagree!" in the tense courtroom setting.
Because copies of the prosecutor's requested evidence are only allowed to the defense counsel, and will often not be in your (the defendant's) possession in court, you will not be able to declare what evidence number you wish to disagree with (e.g., 乙第○号証, etc.).
To address this issue, the author created and published an "証拠意見書" for the defendants.
This document "証拠意見書" is particularly useful in cases where the indictment's factual allegations are acknowledged by defendant.
In cases where the indictment's factual allegations are denied by defendant, usually defense counsel disagree with "Defendant's statement".
For use in a trial by lay judges (jury trial), Please file the documents at Pretrial Arrangement Proceedings date.
Print "証拠意見書", and file it with the court handling your case.
The judge cannot adopt the "Defendant's statement," at least not before your questioning of the defendant.
About Preceding Defendant Questioning First.
By the way, the "Defendant Questioning First"（「被告人質問先行」 in Japanese） mentioned in "証拠意見書" is a new trial method of criminal trials in Japan.
It is stipulated in principle by the Code of Criminal Procedure.
This is a method in which the judge listens directly to the defendant without adopting the "Defendant's statement" from the suspect phase.
Historically, criminal trials using "Defendant's statement" methods during the Showa and Heisei eras in Japanese courts have been criticized as "statement trials"（「（供述）調書裁判」in Japanese）.
The judge formed impressions of the case (motives, circumstances, severity of the crime, and sentencing) by reading "Defendant's statement" in the office room, without listening to the defendant in court.
In recent years, The Legal Training and Research Institute of the Supreme Court of Japan that the national institution where newly qualified legal professionals learn practical skills, has been educating legal apprentices on the "Defendant Questioning First" method（「被告人質問先行」 in Japanese）.
～認め事件で乙号証を不同意とすべき視点から～【弁護人向け】
Considerations Regarding Evidentiary Opinion which "Disagree No Necessity with defendant's statement"（「乙号証は不同意。必要性なし」in Japanese）.
～The viewpoint from which defense counsel should disagrees with defendant's statement in a criminal trial in which the defendant admits the facts of the indictment. ～【For defense counsel.】
Postscript
A criminal trial is a trial for you (the defendant).
A criminal trial is not a trial for defense counsel.
The person who is to be sentenced is you (the defendant).
As an attorney, the author wishes you will receive a Fair Criminal Trial🙏
YokohamaKatei Lawfirm
Attorney Takashi Kawaguchi
横浜家庭法律事務所 弁護士川口崇
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About Legal Consultation with the author.
・Questions about the case should be directed to your defense counsel first.
・A second opinion consultation on a case is charged. The fee for legal consultation with the author, Takashi Kawaguchi（川口崇弁護士）, is 11,000 yen per hour. An appointment is required for consultation.
・Interpretation fee is required separately.
・If you would like the author, Takashi Kawaguchi（川口崇弁護士）, to provide a second opinion by visiting the Police station or Detention House to meet with the defendant in detention in person, an initial visit fee of 55,000 yen is required.
Interpretation fee is required separately. A daily business allowance and transportation fee will be charged for travel outside Kanagawa Prefecture.
・Family members or representatives must contact us prior to the counsel's visit and arrange payment via bank transfer before the visit.
・Direct requests for visits from detained defendants will not be accommodated.
All communication must go through family members or other representatives.
This article is an English translation of the following article by the author.
本稿は、筆者の以下の記事を英訳した内容です。
