Do you use a lawyer's PC power supply in court?!How to look at the judge of the court (Shuko Egawa) --Partis -Yahoo! News

　A lawyer must not use "the electricity of the country" -A lawyer who is forbidden to connect a personal computer to a power supply in court, "The right to help a lawyer receive the help of a lawyer.They are proceeding with the opposition.Now that IT tools are being introduced in the court, it's a surprising disposition that can be said to be going backwards.

"Is it wrong to use electricity in the pre -trial arrangement procedure?"

　電気の使用を禁じられたのは、高野隆弁護士（第二東京弁護士会）。同弁護士によると、”事件”の経緯はこうだ。

　After 1:30 pm on September 27, the Yokohama District Court No. 403 was charged for smuggling stimulants, and just before the declaration of defendant's fourth pre -trial arrangement procedure began, Judge Taro Keiyama ordered this.rice field.

"Because it is electricity of the country, it may be private or work, but please do it on your own electricity. It is also a court in various places. It is wrong to use electricity in pre -trial arrangement procedures. think"

　Judge Keiyama has been reluctant to use the power supply in court since the second pre -trial arrangement procedure.In the fourth time, it was finally officially sentenced to ban.

　Takano confirmed that it was a formal court disposal and filed an objection.However, Judge Kageyama did not say, "I will dismiss the opposition," and Takano filed a lawsuit with the Tokyo High Court.

PC is a tool that is essential for defense activities

　Takao Takano, who is experienced in criminal cases, has been defending in courts around the country.In the court, it is commonplace to insert a power cord into the power tap in the lawyer seat and use a laptop, and it has never been complained in any court.Even in the same Yokohama District Court, a power supply was used without any incident in the pre -trial arrangement procedures of another judge.

　Takano has been managed not only on the lawyer and evidence of the lawyer, but also on the prosecutor's document, the disclosed evidence, and the decision of the court.PCs are no longer a necessary tool.Even in pre -trial arrangement procedures for the court to adopt or reorganize evidence, use a personal computer to check documents and documents or take notes.

　Even if you leave the house in the morning and leave the house, there are many times when you have multiple trials, and during the day you have been using laptops almost all the time, so there is no battery until you return to the office.

　Takano may bring printer to court, print the necessary documents, and interrogate to witnesses.Of course, electricity is also required to operate the printer.

　In this disposal, Takano lamented:

"We are not doing private sales activities in court. We are responsible for the operation of criminal justice (criminal defense)."

The lawyers who are surprised, "What is the story?"

　Unlike the days of paper documents, criminal trials have recently introduced IT systems.

　In such an era, the fact that lawyers do not use the power supply of court seem to be quite anachronistic.From the same lawyer's point of view, how does this event look?

　On SNS, lawyers have been surprised by the lawyers, saying, "What era is the story of the national electricity?"It is an unusual disposal, but it is not without a precedent.

　According to the Aichi Prefectural Bar Association's lawyer Shigehiro Kanaoka, the Nagoya District Court once banned the use of lawyers.In the court, it seemed that I could stick the gum tape on the outlet and not use it.However, when the judge was transferred, the gum tape was peeled off, and it seems that it was possible to use it in the district court.

　高野弁護士と同じく、刑事弁護人としての経験が豊富な後藤貞人弁護士（大阪弁護士会）は、電気使用禁止は今の刑事裁判の実情を反映していない、という。

"In the former witness interrogation, it took time to pull out paper evidence and show it to witnesses, show the copying to the judge or prosecutor, check it, and write it.I often show evidence from the computer to the judge and prosecutor's monitor, and I often write witnesses using a calligraphy camera. That is much more efficient in terms of time. In this era, the court.The electricity bill should be incorporated in the cost. "

Positioning a lawyer and the obligation of the court

　Legally, how should we look at this disposition?We asked an expert in the Criminal Procedure Code for opinions.

辻本典央・近畿大教授（刑事訴訟法）は、「景山裁判長は、刑事事件の弁護人を、民事事件の代理人のように見ているのではないか」と疑問を呈する。

"However, in the constitution of the Constitution and the concepts of the court so far, lawyers in criminal cases have played public roles and have respected their roles.It cannot be opened without a person. In this era, it is natural for a lawyer to use a personal computer in court. The judge who repels the use of electricity may not understand the position of the lawyer correctly. "

斎藤司・龍谷大学（刑事訴訟法）も、電源使用禁止に異議を唱える。

"The criminal trial is basically a fair trial in a court facility. In that facility, it is a national duty to create a smooth trial.Can be. (Denning electricity is the necessary foundation development).

　It is also doubtful that the judge has the authority to prohibit the use of electricity.Is the judge really a court electric manager? "

"Sometimes weird judge ..."

　How does this look like a judge?

"Sometimes, there is a strange judge who instructs such a lawsuit.

　そう慨嘆するのは、元東京高裁裁判長の木谷明弁護士だ。

"People who can't get a lawyer have a national lawyer. This judge also calls the national lawyer" private ". This case (stimulant smuggling) is" Necessary)."Defense" cannot be opened without a lawyer. In the hearing, lawyers are indispensable and public. The lawyer uses a personal computer for defense activities.Using electricity is by no means "private use."

　最高裁で裁判官を務めた山浦善樹弁護士は、弁護士の活動についての裁判官の無理解を指摘する。

"The judge can only move to the court, but only move from the judge's office with an elevator, and the record is prepared by the clerk. With documents and personal computers for each case, a number of courts.You don't know the situation of the lawyer to go to.

　After that, I advise the court:

"The criminal trial is a" good game that can not be done unless you have three people (including a lawyer). "The court is just right to prepare the necessary facilities and rather say," Please tell me if there is a problem. "I think that you can gain the trust of the people in the court only if you do that. "

　最後に、元福岡高裁長官の中山隆夫弁護士に聞いた。

"Electricity bills are paid by the court, and the use of lawyers is the reason for convenience. Therefore, it is recognized within a reasonable range, taking into account the needs of the court.Ordinary courts should have a wide range of needs and rationality (use in defense). Now PCs are comparable to conventional paper and pencils (in a trial). A lawyerWhen the pencil used breaks, the judge to refuse should be told to lend a pencil from the court. Why did you take this kind of response this time? "

　Nakayama, who twisted his head, brought a personal computer to a court judge early in the judge.

"The courts in the future will become more and more IT, so I think it's better to discuss here (about the use of electricity)."

　It may be electricity, but it is electricity.It may be difficult for a lawyer to use or cannot use it depending on the discretion of the judge.

　In addition, I do not listen to Judge Keiyama's statement, so I will avoid assertive evaluations -this response does not feel any authoritative smell.On the other hand, the Tokyo High Court is paying attention to what decisions will be made.