No one should not be punished based on evidences, which are written in foreign languages. It is so simple as that.
As I work for many foreign clients, one thing that bothered me the most was the fact that the evidences are presented without proper translation(Unlike evidences, Sentencing, Indictment and other procedural documents are presented to the accused with proper translated version).
Many of my foreign clients got puzzled by evidences with exotic letters(which is Korean, of course), and had a hard time to understand the real meaning behind all of evidences.
Criminal Procedure Act, Article 307 (No Evidence No Trial Principle)
(1) Fact finding shall be based on evidence.
(2) Criminal facts shall be proved to the extent that there is no reasonable doubt.
Criminal Procedure Act of Koran reads as above. however, I quote & rewrite the law as below,
“Fact finding shall be based of evidence, which are mostly wrote in Korean”
Some of my cases has thousands pages of evidence, and it’s nearly impossible for me to translate each every one of evidences into English for clients’ understanding. I’d rather choose to devote that amount of time to solve and find the better defenses for my clients. And, all I tell my client that they need to believe in me, and my work.
Telling people to believe in me is a very weird experience. I am no saint nor religious figure, but I have to tell my client to believe in me when it comes to examining evidences, for above reasons.
There has to be some measures upon this nonsense(no one wants to be punished based on evidences which are written in language, that they do not understand. period), but in the meantime, I have to keep telling my clients that they got be believe in me.
※ For more help from LKS lawyers, please contact team leader of LKS directly at +82-10-6693-0117(team leader Jayp Kim, Attorney at Law). With the on point help from English speaking lawyer in Seoul, Korea of LKS, your story will be heard loud and clear.
Comments