（社）被害者サポートセンター おかやま 相談電話

When I was injured and didn't know what to do, I asked him to listen to me and tell me how to organize my feelings and how to deal with it. That was a really big help.

? Conspiracy Joint Criminal ? A conspiracy joint criminal (Kyoubokyokyoseihan) is Participate only in the process of forming the intention of joint execution, This is a form of jointly committed offender who did not participate in joint execution. Japanese criminal law theory In the first place, Participate only in the process of forming the intention of joint execution, Those who did not participate in the joint execution (Co-conspiracy joint offender) also "jointly committed crimes" There is debate about what can be said. The Supreme Court affirms this. Not "joint" in "action", In other words, regarding the point of allowing the establishment of a joint offense even for those who have not soiled their hands, Disregard the principle of personal responsibility, Deviation from German-type theory, There were many critical theories that point out the neglect of the legislative spirit of the current criminal law. These doctrines based on German-style formal criminal theory Limited interpretation of the wording of Article 60, Mainly after Yuichiro Kusano, From the time when the concept of conspiracy and joint offense was created by judicial precedent until now, I continue to criticize this. However, in Japan, the idea of ​​"becoming the central planner of a crime plan" In other words, the central character of the crime (main offender) is I couldn't correct the notion of practice that I was a legitimate offender. A lot of people have the view that "there is no rational and practical reason for pressing correction" (also in Germany, Formal criminal theory can no longer be called a popular theory. In the area of ​​joint prisoners, Formal objective theories that formally limit the concept of right offenders lose their support, The theory of dominance of conduct has become an overwhelming myth. ). As represented by Shigemitsu Danto and Ryuichi Hirano, In Japanese theory, after confirming the conspiracy joint offense, It can be said that the view that tries to make the range of establishment appropriate is a popular theory. Also, the mastermind of a crime plan is I make a plan and give instructions, In many cases, they do not participate in crimes (a typical example would be the relationship between the boss and the child of the gang). To divide such a person with the aspiration to be a “subordinate person” It can be said that it causes a discrepancy with the social demand for criminal law. In fact, under the statutory sentence, there is no change in the treatment whether it is a joint prisoner or an inducer (Articles 60 and 61 of the Criminal Code), It is an obedient position in the sense of sentencing in court practice. Being a regular offender rather than an inciting offender (Kyousahan) It is customary that joint prisoners are heavier. Comparing with the conspiracy joint offender, The type of joint right offender who performed joint execution, It may be called an executive joint offender. Requirements for establishing conspiracy joint criminal edit Regarding the requirements for the conspiracy joint criminal, The theory that makes the following three requirements is influential. Joint intention or willful offense: "Joint intention" Minoru Otani will be advocating Masahide Maeda is the one who advocates the "righteousness". Facts of collusion that there is an action based on collusion Bad things are bad And this facility too! I receive this kind of consultation