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TITLE Supreme Court Decision 2015Da224797 Decided April 29, 2020 ¡¼Damages (Etc.)¡½ [full Text]
Summary
[1] Meaning of ¡°violation of the statutes¡± in the state¡¯s compensation liability, and whether the investigative agency¡¯s violation of the limitation under laws and legal principles while conducting criminal investigations constitutes ¡°violation of the statutes¡± (affirmative)
[2] In a case where a criminal suspect belongs to socially vulnerable groups, such as juvenile suspects, whether the investigative agency has an official duty to take extra caution to prevent any unfair treatment of a criminal suspect in exercising his/her right of defense during criminal investigation proceedings (affirmative), and in a case where the investigative agency drafts a protocol of suspect interrogation in violation of the said duty either by intention or negligence, thereby resulting in a substantial infringement of the suspect¡¯s rights, whether the state¡¯s compensation liability is established (affirmative)
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