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2010.01.30

検察審査会制度の改革と今後の課題

 2001年7月21日に発生した明石歩道橋事故について、当時の明石警察署の副署長が起訴されることになった。

 

 司法改革の一環として検察審査会法が改正されたが、その目玉として、検察審査会が起訴相当議決をし、それに対して検察官が不起訴にし た場合でも、検察審査会が再度起訴相当と判断した場合には起訴されることになる制度が導入され、2009年5月21日から施行されていた。

 明石歩道橋事故については、神戸地検が、2002年12月に、明石警察署の警察官5人を起訴したが(現在、最高裁 での審理中)、元署長と副署長の2人を嫌疑不十分として不起訴処分にしていた。

 遺族が不起訴になった2人について検察審査会に申し立て、過去に2度、検察審査会が「起訴相当」を議決したが、神戸地検は結論を変えなかった(元署長はその後死亡)

 改正検察審査会が施行された後、遺族は改めて検察審査会に申し立て、神戸の検察審査会は「起訴相当」議決をしたが、神戸地検が2009年9月に不 起訴処分にしたことを受けて、神戸第二検察審査会は、2010年1月27日、起訴相当であるとして起訴議決をした。

 これにより、今後、神戸地裁が指定する弁護士(指定弁護士)が、補充捜査を行うなどして、起訴状を 作成して、起訴することになる。

 検察審査会法の改正は、公訴権の運用がこれまで検察官に独占されていたこと(起訴独占主義)を 改め、公訴権の行使に民意を直裁に反映させることによって国民の司法参加を進めることが意図されていた改正である。

 今回の起訴議決についても、マスコミは、「検察の判断を民意が覆したことは、市民感覚が通じる司法へ一歩進んだことになる」(1月28日付東京新聞社説)や「新しい検審制度は、法律家任せの刑事司法の運営に国民の常識、正義感、価値観を反映さ せる手段として期待できる」(同日付日本経済新聞社説)などの肯定的評価が多い。

 確かに、検察官の起訴独占を民意で破ることができる制度であるという点は、やはり大きく評価できると考えられる。

 ただ、これまで検察官という専門家の判断で起訴されなかった被疑者が、今後は、検察審査会によって起訴相当であるとして2度の決議がなされれば起 訴される結果となるという点で、新たな被告人を生む制度であるということも認識しておく必要がある。

 これまで、公務員暴行陵虐事件などの公務員犯罪について検察官が起訴しなかった場合に、地方裁判所に付審判請求をして裁判所が審理し、地方裁判所 が理由があると認めた場合には起訴されたものとみなすという付審判制度は現在も維持されている。

 

この制度が公務員犯罪に限 定されているのに対して、改正された検察審査会法による起訴強制の対象となる犯罪は限定されておらず、普通の市民が被疑者として検察審査会の審査を受けた 後、起訴強制の判断を受ける可能性が出てくる。

 現在の日本では起訴されるだけで、マスコミに「犯人視」報道され、ほとんど有罪視されることから、社会生活上も様々な不利益を受け るおそれがある。

 今回の議決書においては、「有罪か無罪かという検察官と同様の立場ではなく、市民感覚の視点から、公開の裁判で事実関係および責任の所在を明らか にし、事故の再発防止を望む」ものであるという視点が示され、そこから起訴相当という結論が導かれている。

 このような立場をとるのであれば、「推定無罪」の原則の考え方をマスコミや社会にも広く徹底し、起訴されたからといって有罪ではな いという社会常識を作っていく必要がある。

 かつて、甲山事件で、検察審査会が「不起訴不当」決議をし、これを受けて山田さんが記されて、最終的に無罪が確定するまでに、事件 発生から二五年もかかるような事態が発生したことがある。その苦い経験を考えると、検察審査会の起訴議決によって起訴強制された事件が冤罪であるため、起 訴された者が大変に苦しむような事態が絶対に起こらないとは断言できない。

 そうであるならば、検察審査会の審議が、遺族やマスコミ報道に流されることなく、冷静かつ慎重な審理を心がけるべきであるし(改正された検察審査会法では、難しい事件については、弁護士の中から一名の審査補助員に任命することが認められてい る)、仮に検察審査会が起訴議決をした場合であっても、マスコミは「犯人視」報道をすべきではなく、私たち市民も、起訴され た被告人は無罪と推定されるべきであることを社会常識として身につけていく必要がある。

 その意味で、私たちは、検察審査会が冤罪を生まないように、その審理のあり方や運用について検討し、あるべき審理や運用が確立されることを監視し 続けることが求められるのである。

【Today's Back Music】
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(小林武史監督)の主題歌「BANDAGE」を含む劇中歌を収録したア ルバム。小林武史の書き下ろし曲であり、主題歌を含めてクールな曲に仕上がっている。

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