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TITLE	Supreme Court Decision 2020Da290569 Decided March 12, 2024 【Damages (Etc.)】 [full Text]
Summary
【Main Issues and Holdings】 [1] Cases where a senior judicial police officer’s judgment or disposition made during the investigative activities or investigation process are considered unlawful and whether the finding of unlawfulness is not affected by the prosecutor’s disposition not to charge the suspect or the court’s rendition and finalization of acquittal in the future, for example, on the grounds of insufficient evidence to prove the existence of criminal facts (affirmative) [2] In a case where a senior judicial police officer’s independent unlawful conduct, such as a minor omission or manipulation of evidence or materials that could have impact on the prosecutor’s judgment as to whether to apply for a warrant or the judge’s decision on the issuance of a warrant despite having secured such evidence or materials, is not admitted, whether a senior judicial police officer’s investigative activities or judgment and disposition in relation to “the judge’s decision on the issuance of a warrant” or “the suspect’s arrest or detention per se as a result of the execution of a warrant” can be considered unlawful (negative in principle)

TITLE

Supreme Court Decision 2020Da290569 Decided March 12, 2024 【Damages (Etc.)】 [full Text]

Summary

【Main Issues and Holdings】 [1] Cases where a senior judicial police officer’s judgment or disposition made during the investigative activities or investigation process are considered unlawful and whether the finding of unlawfulness is not affected by the prosecutor’s disposition not to charge the suspect or the court’s rendition and finalization of acquittal in the future, for example, on the grounds of insufficient evidence to prove the existence of criminal facts (affirmative) [2] In a case where a senior judicial police officer’s independent unlawful conduct, such as a minor omission or manipulation of evidence or materials that could have impact on the prosecutor’s judgment as to whether to apply for a warrant or the judge’s decision on the issuance of a warrant despite having secured such evidence or materials, is not admitted, whether a senior judicial police officer’s investigative activities or judgment and disposition in relation to “the judge’s decision on the issuance of a warrant” or “the suspect’s arrest or detention per se as a result of the execution of a warrant” can be considered unlawful (negative in principle)

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