未発生犯罪の捜査と警察活動 : 社会保険庁職員国公法違反事件を契機として(前野育三教授退任記念論集)
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概要
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One of the contemporary issues in modern criminal procedure is whether a police officer may investigate any person whom he has reasonable grounds to suspect of committing a crime. I researched the Horikoshi-Case in examining this issue. In this case a civil servant handed out political leaflets in violation of the national public servant law that prohibits civil servants from participating in political movements. A prosecuter filed an indictment against him. In the investigation by the police before the indictment, police officers had been following and video-taping him for 29 days. This case has two disputed points. One is the question of whether a police officer may investigate any person whom he has reasonable grounds to suspect of committing a crime, which in this case is the act of handing out political leaflets. The other is the question of the legality of following and video-taping as a means of the investigation, which may invade a person's privacy. In my opinion, the constitutinal law and the criminal procedural law don't permit police officers to begin an investigation before a crime is committed. Therefore, the investigation in this case is not only an invasion of privacy but also illegal. This paper consists of following sections. 1 The problems of the Horikoshi-Case. 2 Examination of the investigation of this case. 3 Can police officers begin to investigate before a crime is committed? 4 The illegality of following and video-taping as a means of the investigation. 5 Conclusion.
- 関西学院大学の論文