Source From/資料提供:匿名者

Translate by/翻譯:runningmoon


 Before attempting a response to your questions, I want to emphasize:

 a) I have no experience with the Country  K legal system. None whatsoever.
 a)我對k國的法律制度, 都沒有什麼經驗

 b)Country K justice system that is vastly different from the Anglo-American justice system. Although Country K has been adopting more Anglo-American criminal law principles, fundamental differences remain. So my "professional instinct" is rather useless.



 c) The real-world enforcement and application of written laws are complicated and dynamic. Many human factors, such as tradition, culture, politics, people’s way of thinking, common practice, and the individual perspective and experience of the judge and the prosecutor, can influence the process and the outcome.



d) Accurate details really matter. For example, we don’t know what the exact allegations of the indictment are, what was confessed to, whether the confession was taped or videotaped, or what corroborating evidence the prosecution has gathered. All we have are the very brief news accounts.



 In other words, keep in mind that what I provide is mostly guesswork!


1) 以你的專業知識來評估,這件案件的成功率高不高?

Depend on how you define "success."

取決於你如何定義“成功” 。

a. If "success" means having the indictment withdrawn or winning a not-guilty verdict, the chance does not look good based on past statistics. (Remember the very high conviction rate, most involving confession? Also, the prosecutor has traditionally carried tremendous weight in Country K’s criminal judicial system.)

a. 如果“成功”是指公訴撤回或贏得不有罪判決的機會,根據過去的統計數據,這樣的機會並不被看好。 (記住,大多數涉及招供?的案件,定罪率非常高,此外,在K國的刑事司法系統,檢察官在傳統上有著舉足輕重的地位。 )

For that kind of success, there would probably need to be a successful challenge that the prosecutor’s evidence was insufficient or inadmissible (such as when the confession was involuntary, the confession was incorrectly stated by police, the corroborating evidence was inadmissible).  In that case, appeal will likely follow and the process would drag on for a while.



b. If "success" means a suspended sentence and no jail term, that’s certainly a possibility.

b. 如果“成功”是指緩刑,並沒有刑期,這當然是一個可能性。

Here are some possible considerations in favor of a lighter punishment: First-time offender with no prior criminal record of any sort; isolated incidents; zero likelihood of illegal use again, good character (a productive citizen, a history of charitable work, a dutiful child who has supported a large family and friends in need for years, etc.); extreme remorse; readiness to do whatever it takes (community work, rehabilitation, anti-drug outreach, etc.) to redeem himself; consequences already suffered; emerging attitude to treat drug use as a health issue.  Also, the police and the prosecutor’s office are under increasing criticism for human rights violations in their investigation of other entertainers and for turning up so few suspects after all the early talks. To avoid more criticism, they may want to wrap up this part of the investigation quickly and focus on the more serious crimes of drug trafficking against the other two.



---單獨的事件;零非法再次使用的可能性,良好的品格(有生產力公民,過去參與慈善工作的經驗,一位已經多年以來,負擔一個大型家族,朋友的義務的盡職孩子,等) ;





" So, it’s anyone’s guess which way the prosecutor and the judge may lean. One clue TO HOW THE JUDGE MAY RULE IS TO LOOK AT how OTHER first-time users of similar drugs have been sentenced in recent years.  I have not been able to find any data."   I have not been able to find any data.



Country K's criminal procedure law requires the defendant to be present. Whether presence is required all the time throughout the trial, I don’t know. Also, while the trial is generally open to the public, the judge has the authority and obligation to maintain courtroom order, and can impose restrictions to avoid disruption by spectators.



See above.  As a public figure, he is being tried by the court and by the society at the same time.  If he truly confesses, it's probably better that he openly shows his willingness to face past mistakes squarely, take responsibility and repent.    



4 )以你的經驗,家需要在法庭上自辯嗎?或全由律師代表發言?

Country K has adopted the Anglo-American concept that the criminal defendant the right to remain silent. In the U.S., criminal defendants often choose to exercise this right and don’t testify at all. However, the traditional practice in Country K was for the judge to directly question the defendant about what happened. The assumption was that the defendant would know best what actually happened. With that tradition in mind, it is not clear how frequent a Country K defendant actually chooses to remain silent.




Also, there is no separate sentencing hearing. (In the U.S., trial and sentencing are two separate proceedings with different rules.) So, it’s possible that the defendant may want to speak to the court (and indirectly to the public) about his deep remorse and reflection, his promise not to , etc. etc. before the judge decides on the punishment.

此外,也沒有單獨的判刑聆訊。 (在美國,審訊和判決是兩個單獨的程序與不同的規則。 )


5 )以你的經驗,通常會需要多長的審訊時間?一個月?一星期?
It depends. If the prosecutor feels the need to call many witnesses, or if the defense wants to contest the allegations and challenge the evidence, then it might take longer. But if the defendant basically accepts the charges, even though the prosecutor still has to prove the guilt beyond a reasonable doubt, the proceeding could move quite rapidly. Unless the evidence is really problematic, there is probably little incentive for the judge or the parties to prolong the trial proceeding.  That would only invite unwanted scrutiny, generate rampant public speculation, and encourage media frenzy. The prosecution would want to announce a quick victory, the defense would want to limit public humiliation, the judge would want to devote time to other cases.





Several other things:


a.Country K introduced a pilot jury trial program last year for limited cases.  I’m pretty sure there would be no jury trial here.



b. I don’t know when the trial date may be set or when it need to be set, whether the three cases would be tried by the same judge or different judges, or whether trials for the three cases would take place concurrently.


c. I should correct myself. The largest % of convicted illegal drug users in the past appears to be the unemployed. Stress is detrimental to your health!


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