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A Contemplation on Japanese Judiciary Interpretor on Foreign Criminal Cases

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(4), pp.107-123
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

An,Sung-Hoon 1 Yoon Hyun-seok 2

1한국형사정책연구원
2광주여자대학교

Candidate

ABSTRACT

The Judiciary interpreting refers to interpretation carried out in all judiciary procedures including civil and criminal cases but generally refers to interpreting of criminal cases. The need for consideration of various legal procedural matters in criminal proceedings such as investigation of suspects and defendants, examination of witnesses, interpretations at trials, and appointment of counsel have been brought up as legal proceedings against foreign criminals is increasing. In this paper, we examine the policies of the Japanese judiciary branch as well as judiciary precedents in Japan where fairness (neutrality) and accuracy of judiciary interpreting of foreign criminal cases have been problematic. We furthermore have made three suggestion for the Judiciary Interpreting System, the first of which is the introduction of a regular selection and training system for the selection of competent interpreters, Secondly we suggest an education and certification system for the improvement of the qualification and ability of judiciary interpreters. Lastly, we suggest amendments to laws regarding the preservation and storage of original statements and their translations in order to protect the right to defense of foreigners.

Citation status

* References for papers published after 2022 are currently being built.