組織的犯罪におけるグローバリゼーション : 組織的犯罪対策立法をめぐって (グローバリゼーションへの対応)
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概要
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1. Introduction-Law maiking background and Law maiking process of bill In situation of crime maiking international, complicated, atrocious, Japan is pointed out that japanese legal correspond to organized crime is indulgent, therefor, Japan is a loophole in the crime by worldscountories. Also, in the countory, crimes of medicines and small arms that storng-arm gang is involved in and economic crimes as a vice business are happend frequently. As these are main reasons, the Minister of Justice subumitted the law-council for delibaration lawsreexamination of criminal punishment to organized crime in 10 1996. To the inquiry, was submitted criminal laws-adjustment outline-gist drafts and basedon it, the bill of organized crime countermesure was proposed and was considerd in the National Diet. 2. Inquiry contents of the Minister of Justice to the laws-council for deliberation Inquiry contents are ; (1) To certain crime to weight crime and make preliminary crime, (2) On the case that dominate corporation by money getting through certain crime and conceal or get money getting through certain crime, it is punish, (3) To extent limits of confiscation and additional collection, and as it, to make legal adjustment, (4) On searching certain crime, to able to pick up electric communication on crime execution with judgeswarrant, (5) Without retaliation to a withness, to take measures safety of a witness, (6) To require necessary procedure to extent of confiscations limits. On the base of this inquiry contents criminal law-adjustment outline gist drafls is submitted. 3. Inquiry of organized crimes countermesure bill The organized crimes countermesure bill consists of (i) the bill to punish organized crime and (ii) the bill to able to pick up electric communication and (iii) the revisory bill of the criminal procedure code. These bills have various problems. As concerns (i), (1) the relation of the existing group crime and organized crime and (2) the code to prevent from destructive action or the law to punish an act of violence and (3) the relation of the principal offense and accessory in complicity must be inquired. Asconcerns (ii), the relation of the secrecy of communication of 2-21th constitution and interception to search and the relation of warrant sprinciples of 35th constitution and specified difficulty of interceptions object must be inquired. In my opinion, I think, this bill will be admitted on the constitution by reason that personal right is restricted by public welfare and the bill is able to avoid clear and present danger. As concerns (iii), Protection of witness to avoid retaliation must be inquired. 4. Conclusion This bill was approved on the House of Resentations. And now, it is considerd on the House of Councilors. From now on, I will pay attention to move on the National Diet. Yet,this manuscript is the contents that published on 90th meeting for reading research papers of the japan associaition of legal and political sciences.
- 1999-11-15