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2010.06.01

刑事裁判における情況証拠による事実認定に警鐘を鳴らした最高裁判決

 最高裁判所において、刑事事件について注目すべき判決が言い渡された。

 2002年に大阪市で起きた殺人放火事件について、間接事実を総合して被告人を有罪と認定した第1審の大阪地裁は無期懲役を言い渡し、第2審の大阪高等裁判所は死刑判決を言い渡していた事件について、最高裁判所第三小法廷は、2010年4月27日、第1審の無期懲役及び第2審の死刑判決をいずれも破棄して大阪地裁に差し戻した。

 この事件においては、被告人が一貫して犯行を否認し、事件と被告人を直接結びつける証拠がない中で、有罪の決め手となったのは検察側が積み上げた情況証拠だけだった。

 最高裁第三小法廷は、「情況証拠によって認められる間接事実中に、被告人が犯人でないとしたならば合理的に説明することができない(あるいは、少なくとも説明が極めて困難である)事実関係が含まれていることを要するものというべきである」と述べた上で、本件について、「この点を満たすものとは認められず,第一審及び原審において十分な審理が尽くされたとはいい難い」と述べて審理不尽を理由に職権で、第1審の無期懲役及び第2審の死刑判決をいずれも破棄し、大阪地裁に差し戻した。今後、無罪判決がなされる可能性もあり、今後の審理が注目される。

 死刑判決を受けていた刑事事件の上告審において、このような判断がなされるのは極めて異例であるとともに、この最高裁判決は、今後の刑事事件の事実認定のあり方に対しても、新しい指針を示すものであり、情況証拠による事実認定に対して、大きな制約を設けて慎重に行うべきことを示したという点で、これまでの裁判における情況証拠による事実認定に対して警鐘を鳴らしたものと言える。

 西日本新聞の社説(5月7日付)は「今回の判決が、被害者感情と『疑わしきは被告人の利益に』という刑事裁判の大原則の間で裁判員が冷静に判断するうえで、一つの指針となることは間違いない。同時に、人が人を裁くことの難しさ、重さをあらためて示したといえる。」と述べているが、全く同感である。

 これまで、刑事裁判においては、被告人が徹底的に無罪を争っても、情況証拠を積み重ねることで有罪判決が出されたきた。情況証拠による事実認定というのは、直接証拠がなくても、間接証拠を積み重ねることを推認(推測)を重ねて、経験法則を利用して、有罪を認定する方法のことである。

 死刑事件についてもこの手法が用いられており、最近では、和歌山カレー事件も同様の手法で有罪判決が出されて最高裁もそれを追認してきた(2009年4月21日付最高裁第三小法廷判決)

 今回の最高裁第三小法廷判決は、これまでの刑事裁判における情況証拠の積み上げによる有罪認定について、根本的な問題提起をしたと考えられる。

 最近、足利事件で再審無罪判決が出され、布川事件についても再審開始決定がなされて、これから再審公判が開始しようとしている。

 これ以上、冤罪事件を生まないためには、刑事裁判における「無罪推定の原則」をより徹底するとともに、情況証拠による事実認定のあり方を制約・限定し、単なる推測を重ねるだけで簡単に有罪を認定するような現在の刑事裁判のあり方を根本的に見直す必要がある。

 そのためには、捜査段階における取調べの全過程の可視化弁護人の取調べへの立会い人質司法の解消と併せて、公判段階における事実認定のルールを確立し、検察官の立証を鵜呑みにする現在の裁判所の事実認定のあり方を根本的に見直しして、冤罪が起こりえない刑事司法を一日も早く実現する必要がある。

【Today's Back Music】
櫻井哲夫/MY DEAR MUSICLIFE(KICJ-566)
 元CASIOPEAの櫻井氏(bass)の
デビュー30周年記念ソロアルバム。「Domino Line」のセルフカバーが最高にかっこいい演奏です。

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