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📘 Summary of Personal Liberty (Constitutional Law Study Record)


This time, I studied "Personal Liberty." It is an important part of the Constitution, especially concerning criminal procedures, and is a frequently tested area.


✍️ Study Points

1️⃣ Rights of Criminal Defendants (Articles 37-39)
・Right to a fair trial by an impartial court
・Right not to be compelled to testify against oneself (Right to silence)
・Principle that one shall not be convicted solely on the basis of a confession
・Prohibition against retroactive punishment for laws enacted after the fact
・Prohibition against double jeopardy for the same crime

2️⃣ Right to Silence (Privilege against self-incrimination, Article 38)
The right not to be forced to make statements that are disadvantageous to oneself; it is an important human rights guarantee alongside the prohibition of torture and intimidation.

3️⃣ Principle of Corroborating Evidence for Confessions (Article 38, Paragraph 2)
Even if there is a confession, it cannot be the sole basis for a conviction; other evidence is required.

4️⃣ Prohibition of Double Jeopardy (Article 39)
Once a case has been finalized with an acquittal or conviction, one cannot be held criminally liable for it again.


💡 Things that left an impression

I realized once again that the "right to silence" is not just the right to remain silent, but an important shield to prevent being forced to say things that are disadvantageous to oneself. Also, the prohibition of double jeopardy is an essential principle for us to live with peace of mind, ensuring we are not judged multiple times for the same incident.


📝 Future Plans

Next time, I will proceed with my studies starting from "Chapter 6: Social Rights."



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