元ジャンポケ・斉藤に高まる「実刑」の可能性 「2500万円示談は不成立」「無罪主張も逆風」
Former Janpoke member Saito appears to be in a very difficult situation.
A hefty 25 million yen settlement negotiation has failed, and his not-guilty plea is facing significant headwinds.
Concerns and harsh comments are rising online, questioning if a custodial sentence is now unavoidable.
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What is a Custodial Sentence (Jitsukei)?
"Custodial sentence" (実刑, Jitsukei) refers to a punishment (primarily imprisonment or detention) ordered by a court without a suspended sentence, meaning the convicted individual must actually be incarcerated in prison and serve their term. A suspended sentence is a system where one avoids prison if no further problems occur for a certain period. However, if a custodial sentence is handed down, this suspension is not granted, and the full term must be served. Factors such as the maliciousness of the crime, the extent of the damage, and the defendant's remorse are said to influence the decision for a custodial sentence.
What is an Out-of-Court Settlement (Jidan)?
"Out-of-court settlement" (示談, Jidan) is an agreement between parties to resolve a dispute outside of court, applicable to both civil and criminal cases. Particularly in criminal cases, it is pursued with the aim of agreeing on compensation or solace money between the victim and the perpetrator, potentially leading the victim to withdraw their complaint or forming favorable circumstances for the perpetrator. If a settlement is reached, the perpetrator's intention for remorse is evaluated, which can lead to a suspension of prosecution or a reduced sentence. However, if an agreement cannot be reached on the amount or content, the settlement fails.
What is a Not-Guilty Plea (Muzai Shuchou)?
"Not-guilty plea" (無罪主張, Muzai Shuchou) refers to a defendant asserting in a criminal trial that "I did not commit the crime" or "the criminal act did not exist." The defendant attempts to prove their innocence by presenting counter-evidence against the evidence submitted by the prosecutor or by collecting evidence to support their claims. However, it is pointed out that if a not-guilty plea is made when there is strong circumstantial and objective evidence, such an attitude might be judged as "lack of remorse" and could ironically work against them in sentencing.
What is a Criminal Trial (Keiji Saiban)?
"Criminal trial" (刑事裁判, Keiji Saiban) is a state procedure that determines whether an alleged criminal act is legally guilty or innocent, and if guilty, what punishment should be imposed. The prosecutor indicts the defendant, and before a judge, the prosecution and defense present evidence and argue their cases. The verdict, based on legal evidence, declares the defendant's guilt or innocence and, if guilty, the severity of the sentence. Custodial sentences, suspended sentences, and other judgments are decided in this trial.