A criminal defense case focused on privacy protection

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In December 2013, Kuroda and his theft gang were arrested, and Lawyer Gui Lunzi was ordered to serve as a defense lawyer. She thought it was a simple case, but she did not expect that in the end it would become an important case that took three years and near the following crimes.

The guilty judgment rate of criminal cases in Japan was as high as 99%, which means that the defendant had basically been declared torture when the prosecution filed a lawsuit.

However, while the primary criminal Kuroda acknowledged all crimes, he also hoped to appeal.

1

"Can the police do this?"

Kuroda and the defense lawyer Gui Shi mentioned his doubts when he met for the first time: about half a year ago, his companion found that he was installed in the car when he went to repair the car, and then found GPS in his car. In addition, every time they crimes, there is always a car with a disabled license plate, and Kuroda speculates that they have been tracked by the police. What confuses Kuroda is: Can the police really do this?

Kuroda knew that he had to be punished for theft, but if the police were wrong, he hoped to apologize. Lawyer Guitian believes that without applying for a license order, the police as a representative of the state to install GPS without authorization have infringed the privacy of Kuroda and others, that is, the police's approach belongs to illegal reconnaissance.

However, whether the GPS reconnaissance without order is legal, there is no precedent in Japan, and there are not many references in the world.

Turtle Stone immediately realized that the case would cause a lot of controversy. Some people may think that the police use GPS for reconnaissance to collect evidence and should be tolerant. However, this line is not only to the theft of the theft, but also violates the privacy of the theft group and their relatives and friends.

The evidence obtained in this way is "the fruit of poisonous trees" and lacks evidence effects in law. Moreover, from the perspective of common sense, imagine that if you do n’t know, someone has stuck something to collect personal information at any time on his own private items.

Although the privacy content that GPS violated at first glance, there is no meaningful location information, even if the suspect is a criminal suspect, even if the car is stuck with a French pear, the state power should not be imposed into the private field. "People's residences are their castles, the wind can enter, the rain can enter, and the king cannot enter."

However, during the initial evidence sorting stage, Turtle Stone encountered heavy obstacles. It is not enough to install GPS on the car that it is installed on the car. However, the prosecutor does not disclose the evidence held on his hand. The defense lawyer must boldly speculate what important evidence in the prosecution's hands.

When Kawada first applied for evidence, the prosecutor concealed all the content related to GPS. After she took the initiative to attack, the prosecution stated that there was no illegality in the GPS investigation. The police handled the investigation -related documents, and even lied that the accuracy of the GPS was not enough to support them to track the theft gang.

2

"Why defend the offender?"

Japan's criminal prosecution's guilty judgment rate is as high as 99%, because no one doubts the correctness of the content of the prosecutor who has national power to decide to prosecute. In other words, from the moment the suspect was prosecuted, the prosecution conveyed guilty prejudice to the judge and the public.

Contrary to the simple popular concept, it is not a sinus lawyer to become a suspect and defendant, not for tigers. The duty of criminal defense lawyers is to stand in the same position as the defendant to help them exercise their due right to their due rights and strive for reasonable and appropriate trial results.

Guitian sometimes worried that in case of one day he was suspected and stood on the defendant's seat, how could a weak woman compete with the huge and authoritative state machines, and how would they confess for themselves if no one helped help?

It took nine years to realize his dream of his lawyer, lacking advantages in the criminal defense field dominated by men. However, she started from the alternate lawyer and accumulated experience step by step. She did not expect that after accepting the case of Kuroda, she was able to go to the court of the Supreme Court of Japan to defend her personal privacy. Although the TTW lawyer team formed by Guitian is mostly a monk halfway, it only takes the challenge of "GPS should be an illegal reconnaissance".

Attack on the lawyers' group, whiteboard notes, Frank

In their opinion, if they do not strive for reason, then the condonation of police investigations may become a precursor to their privacy being violated in the future. After taking a step back, the scope of public power is probably gradually expanded, and even the future society may be monitored everywhere.

To confirm whether the state power is used within a reasonable range is also an important responsibility for criminal defense lawyers. Even as an ordinary person, you can't sit away from the public power of public power. After all, maybe the rights you should have will be violated someday, or he stood up to the defendant.

In order to prove his proposition more solidly, the TTW lawyer group conducted a lot of efforts and even conducted GPS empirical experiments to simulate the entire process of police tracking in the escape vehicle. They are ambitious and look forward to being able to obtain the result of innocence. At least they want to achieve the original intention of the appeal of this case: GPS investigation is a compulsory measure, illegal and legislation is required.

3

"If you don't do something wrong, you are not afraid of being monitored." This case originally rose from Kuroda, "Can the police do this", and then insist on appeal. In any case, the focus of court debate -GPS investigations -they are all alerting the tendency of "monitoring society" that people may bring in developed technology.

Where should we go from each of our privacy? Privacy, as the "most civilized right", needs to be judged the most in the future.

At present, it is the era of high -speed development. Modern people have transferred a lot of privacy for the convenience of their own lives, and even feel numb and "peace of mind". However, privacy does not exist to cover up their minds, but to protect the inner world where anyone has no right to interfere. Therefore, it is an indispensable important right to live as an individual in this world.

Although it was rumored that the final result before the debate of the Great Court had already settled, the partners of Guitian and the lawyer group still claimed that they could impress the judge and work hard to the last moment.

Every day we live, longing for freedom rather than monitoring, hope rather than fear.

But the processing method of location information is our way of life.

Everyone will choose a society where power is out of control, let power to monitor the society of all citizens, or choose a society where power to curb power and attach importance to important privacy of individuals? I think this trial will become such a historical difference.

For lawyers, being able to stand in the Supreme Court for speeches is a rare opportunity to dream. For the TTW lawyer group headed by Guitian, they undoubtedly played an excellent home run, so they were lucky and successfully won this game.

However, as Katsuyonzi said at the reporter's recruitment meeting, there are still many issues that need to be considered in terms of the necessity of investigation and the care of human rights in the future. How to ensure personal privacy in the information age is still obstructive.

Back to the criminal defense lawyer itself, Guiti Lunzi is undoubtedly the core of the case. In the Japanese drama "99.9-Criminal Professional Lawyer-", the female lawyer Li Hua once said such a paragraph: "Have you been thrown by a business card? I have been thrown over several times and is not recognized in the world dominated by this man. But I am not recognized. But I Still want to be a lawyer. "" I feel more and more people who want to help those who need help. I think this idea is the basic of lawyers. "

"99.9-Criminal Professional Lawyer-" stills

Turtle Ichiko, who is written in Shinada Kagang, is also such a firm and brave and empathy female lawyer. It can be said that it is Katsuki Keliko who is angry with the police behavior because of Kuroda's confusion. It is also the sense of justice that she has always adhered to the TTW lawyer group. Important opportunities for rights protection legislation.

Before the case ended, Katsuki Keliko established the "ECLAT Meitian Legal Firm". "EClat" has the meaning of "shiny and glorious" in French -just as she is in the field of criminal defense dominated by men, her figure may also change the inherent prejudice of the Japanese legal community.

(Finish)

"Criminal defender"

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[Day] Guishi Lunzi Shinada Kuang Yang is a high Lulu translation Shanghai Translation Publishing House

★ Pay attention to the issue of personal privacy, and face up to the judicial barriers with their own strength to change the story of social cognition

★ One of the few appeals in the Pingcheng era in Japan to the criminal case of the Supreme Court, the story full of courage and moved blood courts

★ In the legal community dominated by men, a case of heterogeneous cases formed by young female lawyers to form a team to combat and win victory

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