17.12.04 News Zero Ichimen - Sending Documents to Prosecutor - Sakurai Sho [English translation]

[arashitranslation]

Harumafuji, what would happen with “Sending Documents to Prosecutor”?

How would the investigation of the incident progress in the upcoming future?

This is the poster of the Grand Sumo winter provincial tour “Goto Basho”.
Because it was a sudden retirement
The appearance of Harumafuji remained on the poster.
It seems that this time the police would send the documents of Harumafuji, who became former Yokozuna (sumo grand champion), on "suspicion of assault” to Prosecutor.

This is the photo of Takanoiwa whose head was beaten and was injured.

If this injury was caused due to the violence of Harumafuji
the suspicion would be “assault".

There is a crime similar to “assault”* which is “violence crime”*,
To briefly distinguish them, when you hit someone during a trouble
if there is no “injury” caused it is “violence crime”.

If an “injury” is caused it would be “assault”.
Therefore, the point deciding whether it is assault is whether there is a “medical certificate” from doctor.

For “violence crime” the punishment is imprisonment of less than two years,
or a penalty of less than 300,000 yen.

In contrast, for “assault”
the punishment would be imprisonment of less than 15 years
or a penalty of 500,000 yen, which is a considerably heavier punishment.

Then, what does “sending documents to Prosecutor” mean?

In 2010, Asashoryu, who was also former Yokozuna
when drunk, beat a male acquaintance,
and caused injury which took one month to fully recover,
that became a case of “sending documents to Prosecutor on suspicion of assault” which is the same as this time.

In Japan, when an incident happens, in most cases,
first of all “police” will conduct “investigation”.

And then, after that
police will send the “evidence and testimony” and so forth of the incident to the “public prosecutor”.
Because it is to "send” (送る) to “public prosecutor” (検察) so it is called ““sending (送) documents to Prosecutor (検)”.

In the occasion that a suspect is arrested,
because the suspect will be handed over to the public prosecutor together with the documents,
the situation is called “handing the suspect to Prosecutor” or for short “send to Prosecutor”.

On the other hand, in the occasion that no suspect is arrested,
and only the “documents” of the investigation are sent,
it would be called “sending documents to Prosecutor”.
This cases of Asashoryu and Harumafuji are supposed to be this situation.

After that, the public prosecutors will examine the evidence sent to them,
and reach conclusion of “prosecution” or “non-prosecution”,
in short to judge whether it is appropriate to file a lawsuit.

In the case of former Yokozuna Asashoryu,
because he managed to make “settlement out of court” with the victim
the prosecutor concluded the case with “non-prosecution”.
While there was enough evidence,
the case did not go to court taking the situation etc. into consideration
and resulted in “suspension of indictment”.

Whether there would be “suspension of indictment” like this is said to be judged by
whether there is “settlement out of court” with victim and
whether there is “social sanction” such as retirement from Yokozuna,
in the case this time,
the victim’s side Takanoiwa is not seen to respond to “settlement out of court”.

While in this regard Harumafuji may be “prosecuted”,
because he himself admitted causing injury
the case may not be brought to court officially but be handled with “summary indictment”
in which circumstance, the punishment is regarded to be paying penalty.

Whether the case will go to prosecution or non-prosecution, what judgment will be made by the prosecutors,
would draw our attention in the future.

Source: News Zeroイチメン (http://www.ntv.co.jp/zero/ichimen/2017/12/-230-1550-20101.html)

* Remarks: I translate “傷害罪” as “assault” and “暴行罪” as “violence crime”. “傷害罪” is defined as “injury is caused”, which is actually closer to “battery”; I translate it as “assault” because all news coverage I manage to find use “assault”. On the other hand, “暴行罪” is usually translated as “battery” but “暴行罪” is defined as “injury is NOT caused” while “battery” may or may not cause injury so I translate “暴行罪” as “violence crime” to distinguish the two terms.

In brief-
“暴行罪” = No injury => Translation here: Violence crime
“傷害罪” = Yes injury => Translation here: Assault (because most news coverage use this term)

Please correct me if my translation on these two terms are wrong. Thanks.

Comments

[roo_kie]

WOW it's really interesting!
It's make me wonder how the law in my country works about this! XD

This case is really a shame for Harumafuji, hopefully it can be settle peacefully and He really regretting and became a better person.

Thank you so much for translating this!!