Latest news with #criminaltrials
NHK
a day ago
- Politics
- NHK
S.Korean court postpones President Lee's trial, citing constitutional immunity
A high court in South Korea has said it will postpone the retrial of President Lee Jae-myung on charges of violating election law. Local media have reported that it is very unlikely the retrial will go ahead while Lee remains in power. South Korea's Supreme Court ruled in May, before Lee's victory, that he had violated election law by making false statements during his failed 2022 presidential bid. It sent the case back to the Seoul High Court after overturning an earlier ruling clearing him. The high court announced on Monday it will indefinitely postpone the first hearing, which was scheduled for June 18. The court said the move was based on the Constitution, which basically exempts sitting presidents from criminal prosecution. Legal experts are divided over whether a sitting president's immunity extends to trials already underway. Neither the Constitution nor the law address the matter. But South Korean media have reported the high court appears to have decided to shield Lee from standing trial during his term. Lee is facing other criminal trials that some say put him at judicial risk. The ruling Democratic Party is reportedly pushing for legal revisions that halt trials while Lee is in office.
South China Morning Post
6 days ago
- South China Morning Post
Hong Kong's jury system: not an ‘unwritten law'
Across the globe, countless films depict trials in which defendants face serious charges before a jury, with suspense building until the final verdict is revealed in the last few minutes before the credits roll. A notable example is the 1985 Hong Kong film The Unwritten Law, featuring a young Andy Lau Tak-wah as a defence barrister. This classic is popular in Hong Kong, as well as among Chinese-speaking communities in Asia and beyond. Since then, numerous courtroom thrillers involving juries have been produced, many achieving success at the box office. The jury system is a common feature of many common law systems, although it has been abolished in some jurisdictions such as Singapore. Introduced in Hong Kong in 1845, the jury system has in effect been in operation for more than 175 years. Its importance and widespread acceptance are underscored by Article 86 of the Basic Law, which states: 'The principle of trial by jury previously practised in Hong Kong shall be maintained.' Juries are mainly used in criminal trials for more serious offences tried in the Court of First Instance. The essential function of a jury is to determine the relevant facts of a case from the evidence presented in court and to apply the law as directed by the judge. The judge addresses points of law and jurors assess the facts, applying their common sense and life experience to determine the truthfulness of witness testimony. The jury system allows members of the community to participate in the criminal justice process, bringing their perspectives and experiences. It also plays a pivotal role in maintaining public confidence and legitimacy in the criminal justice system, as jurors gain first-hand insight into the operation of the justice system through their participation. Of course, it must be recognised that for historical reasons – as trials in Hong Kong were conducted solely in English and the English-speaking population was relatively small – the vast majority of criminal offences in Hong Kong have been tried in the Magistrates' Court and the District Court, where there are no juries, and yet sentences can be up to seven years.
Reuters
03-06-2025
- Business
- Reuters
Legal challenges facing South Korea's incoming President Lee Jae-myung
SEOUL, June 4 (Reuters) - South Koreans voted in Lee Jae-myung as their next president in the country's June 3 snap election to heal the wounds of a shock martial law declaration in December, but the liberal leader comes with his own legal baggage in the form of five different criminal trials. Democratic Party leader Lee has denied wrongdoing and while a president has immunity from most crimes, legal experts are unclear whether this applies to cases that started before they took office. Here are some aspects of the trials the president is involved in. South Korea's Supreme Court ruled in May that Lee had violated election law by publicly making "false statements" during his 2022 presidential bid, and sent the case back to an appeals court after overturning an earlier ruling clearing him. The Seoul High Court decided to schedule its reconsideration of the case for June 18, pushing back a ruling that could determine his eligibility to run until after the election. Violation of election law had been in the spotlight because if the appeals court finalises a guilty verdict in line with the Supreme Court's decision, Lee would be barred from contesting elections for at least five years. The Supreme Court ruling sparked criticism from Lee's Democratic Party, which controls parliament, leading to bills being introduced that suggested the court and its chief justice engaged in abuse of jurisdiction and interference in the presidential election. This trial combines allegations of corruption such as bribery from four separate cases related to property development projects and licensing, during Lee's 2010-2018 stint as mayor of Seongnam City bordering Seoul's wealthy Gangnam district. A major portion of the trial involves Lee allegedly colluding with a group of private property developers to help them rake in money from a 1.5 trillion won ($1.08 billion) project, while inflicting losses on the city. The trial at Seoul Central District Court began in 2023 with around 200,000 pages of records submitted to the court, according to the Yonhap News Agency. A hearing planned in May was postponed to June 24, after the election. These two trials are ongoing at Suwon District Court, south of Seoul. In one, prosecutors alleged that Lee committed breach of trust by using public funds for personal expenses when he was governor of Gyeonggi province in 2018-2021, including parking an official car at his home and letting his wife use it regardless of the errand, plus purchases of food and payment for personal laundry with provincial funds. In another, prosecutors alleged that Lee was an accomplice in a former Gyeonggi province vice governor's involvement in handing over money to North Korea in 2018, and indicted him for violations of the Foreign Exchange Transactions Act, the Inter-Korean Exchange and Cooperation Act, as well as bribery of a third party. A case is also before the Seoul High Court, in which prosecutors alleged Lee induced a witness to lie under oath in court concerning another case in 2019 in which he was cleared. A lower court had cleared Lee of the charge, before prosecutors appealed. A hearing set for May 20 was postponed, court records showed. The fate of the trials is unclear. South Korea's Constitution, Article 84, says a sitting president is "not subject to criminal prosecution while in office" for most crimes. However, legal experts are divided on whether that applies to ongoing trials that were already prosecuted before a president was elected. The Democratic Party introduced to committee in May a bill which suspends ongoing trials if the defendant is elected president. However, some legal experts have noted the Constitutional Court may be asked to rule whether the bill is unconstitutional, which would increase political uncertainties. The National Court Administration under the Supreme Court gave as its opinion that judges of each court where the trials are being held will have to decide whether to stop or proceed, according to its statement to a lawmaker in May. "The court in charge of hearing the case will determine whether Article 84 of the Constitution should be applied to a criminal defendant who was elected in the presidential election," the statement said. ($1 = 1,382.6800 won)
