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Defense argues innocence in ex-prosecutor's 'don't mess with prosecutors' abuse trial
Коротко
The defense for former Osaka prosecutor Daisuke Tabuchi (54) argued on Oct 6 that his December 2019 interrogation of a suspect did not constitute abuse and that he should be acquitted. Tabuchi is accused of shouting “don’t mess with prosecutors” and calling the man a “great criminal who ruined Presance’s reputation.” The defense said the case is the first in Japan for the charge without physical violence.
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At the Osaka District Court on Oct 6, the defense for former prosecutor Daisuke Tabuchi (54) began its case and argued he should be acquitted of special public officer violence and abuse. The defense said his interrogation of a former department head of real estate company Presance Corporation did not meet the legal definition of abuse. Tabuchi, a former member of the Osaka District Public Prosecutors Office special investigation team and currently at the Tokyo High Public Prosecutors Office, is accused of misconduct during a 2019 embezzlement investigation. [ 1 , 3 , 4 ]
Tabuchi is accused of shouting “検察なめんな” (don’t mess with prosecutors) and calling the man a “great criminal who ruined Presance’s reputation” during interrogations on Dec 8 and 9, 2019. The charge was brought through a quasi-prosecution (付審判) decision, in which a court-appointed lawyer acts as prosecutor. The former department head, who was arrested on suspicion of embezzlement and later convicted, was interrogated about the case. [ 1 , 3 , 4 ]
The designated lawyer as prosecutor said in the first hearing in July that Tabuchi berated the man for about 50 minutes, sometimes loudly, and on the next day blamed him for about 9 minutes. The Asahi Shimbun reported the interrogation lasted 18 days and about 70 hours in total. [ 1 , 4 ]
The defense said Tabuchi’s words came from a desire to have the man tell the truth, after a memo found in a house search contradicted his earlier explanation. The defense said there was no violence, that the man met with his lawyer daily and did not file a complaint, and that the man himself has consistently said he did not feel threatened. The defense argued the entire interrogation process should be examined, not just impactful video clips. [ 1 , 3 , 4 ]
The case reached court after the Osaka High Court in August 2024 approved a quasi-prosecution request by Shinobu Yamagishi (63), the former president of Presance. Yamagishi was arrested and indicted based on statements made after Tabuchi’s interrogation, and was later acquitted. The defense argued the charge is unprecedented in Japan because no violence was involved, and that convicting Tabuchi alone would not change how prosecutors operate, calling it “cutting off the lizard’s tail.” [ 1 , 4 ]
TBS NEWS DIG reported that the embezzlement investigation concerned a land transaction between Presance and an educational corporation, a detail not included in the other documents. The trial is ongoing and no ruling has been issued. [ 2 ]
Почему это важно
The trial tests the scope of Japan’s special public officer violence and abuse law and the practices of the Osaka District Public Prosecutors Office special investigation team. It follows the acquittal of former Presance president Shinobu Yamagishi, whose case was tied to the same investigation. A ruling could affect how prosecutors conduct interrogations and how courts evaluate abuse claims without physical violence.
Ключевые факты
- Former prosecutor Daisuke Tabuchi (54) is on trial at Osaka District Court for special public officer violence and abuse. [ 1 , 3 , 4 ]
- The charge relates to his December 2019 interrogation of a former department head of Presance Corporation in an embezzlement case. [ 1 , 3 , 4 ]
- The defense began its case on Oct 6, 2026, arguing no violence occurred and Tabuchi should be acquitted. [ 1 , 3 , 4 ]
- Tabuchi is accused of yelling “検察なめんな” (don’t mess with prosecutors) and calling the man a “great criminal who ruined Presance’s reputation.” [ 1 , 3 , 4 ]
- The former department head has consistently said he did not feel threatened, according to the defense. [ 1 , 4 ]
- The case proceeded via a quasi-prosecution decision by Osaka High Court in August 2024, following a request by acquitted former president Shinobu Yamagishi. [ 4 ]
- The defense argues the charge is unprecedented because no violence was involved. [ 1 ]
- TBS NEWS DIG reported the investigation concerned a land transaction between Presance and a school corporation. [ 2 ]
Подтверждено несколькими источниками
- The defense argued on Oct 6 that Tabuchi should be acquitted. [ 1 , 3 , 4 ]
- Tabuchi is accused of shouting “検察なめんな” during interrogations in December 2019. [ 1 , 3 , 4 ]
- The former department head was convicted in the embezzlement case. [ 1 , 4 ]
- The interrogation occurred in December 2019. [ 1 , 3 , 4 ]
- Osaka District Court is hearing the case. [ 1 , 3 , 4 ]
- The charge is special public officer violence and abuse. [ 1 , 3 , 4 ]
- The defense said the interrogation was to elicit truth. [ 3 , 4 ]
- The defense claims the former department head did not feel threatened. [ 1 , 4 ]
- Former Presance president Shinobu Yamagishi was acquitted. [ 1 , 3 , 4 ]
- The alleged interrogation lasted about 50 minutes on one occasion and about 9 minutes on another. [ 1 , 4 ]
Пока неясно
- Whether the alleged statements constituted “陵虐” (abuse) under the law is disputed; the defense argues they do not, while the prosecution argues they do. The legal definition is contested between the two sides.
- The exact date in July 2026 of the first hearing is not given. Documents only state the first hearing was in July.
- The nature of the embezzlement case: TBS reported it involved a land transaction between Presance and a school corporation, while other documents only say business embezzlement. Single-source detail from TBS NEWS DIG.
- Whether the former department head’s statement that he did not feel threatened is accurate; only the defense asserts it. Defense claim, not independently confirmed by other sources.
- The outcome of the trial is unknown. The trial is ongoing and no ruling has been issued.
Что пишут местные СМИ
Хронология, местное время
- Asahi Shimbun reports the fourth hearing, where the defense began its case and argued innocence. [ 1 ]
- TBS NEWS DIG reports the defense claims no abuse and innocence. [ 2 ]
- Jiji Press reports the defense says the interrogation was intended to elicit the truth. [ 3 ]
- Sankei Shimbun reports the defense reiterates its innocence claim. [ 4 ]