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TITLE | Supreme Court en banc Decision 2009Do7436 Decided October 22, 2009¡¼Violation of the Public Official Election Act¤ýViolation of the Political Funds Act¡½ [full Text] |
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Summary | |
[1] Standard for determining whether there was a violation of the principle of ¡°prosecution by an indictment only¡± and its legal effect [2] In case where a prosecutor made a long-winded statement in the charges of the crime of receiving money and valuables in relation to a political party¡¯s nomination of a candidate on such contents as the situation and circumstance before the criminal fact, the contents of conversations and e-mail exchanges among related persons before and after the crime, notes in a diary, and details of the surrounding facts, the case affirming the judgment below holding that a procedure of filing charges is not invalid for violation of legal provisions [3] In case where a political party borrows money free of charge or at a considerably low interest rate in relation to the nomination of a candidate, whether it constitutes an act of receiving unlawful political funds (affirmative), and the property interests subject to forfeiture or charge/collection |