Predatory and kidnapping crimes

Article

January 18, 2022

Ryakushu / Yukaizai is a crime that separates a person from the previous living environment and puts it under the control of oneself or a third party. Under the Japanese Penal Code, Articles 224 to 229 of the same law stipulate that they are guilty of predatory, kidnapping and trafficking. This item deals with the part excluding Article 226-2 (trafficking in persons) to Article 227 (delivery of a predator, etc.). For Article 226-2 (trafficking) to Article 227 (trafficking, etc.), see "Trafficking Offenses".

Protection Law Benefits

Theoretically, for adults without guardians (described later), the basic protection benefit is the physical freedom of the kidnapped. There is also a theory that the freedom and safety of the abductee's body, that is, life is also a protection law benefit. If the abductee is a minor or a person requiring custody (described later) such as a mentally handicapped person, there is a theory that the custody right of the custody etc. is also a protection law benefit in addition to these. According to common wisdom and judicial precedents, "freedom of the body of the kidnapped person" and "the custody right of the guardian, etc." .. (Refer to the Supreme Court's decision on September 30, 2005, December 6, 2005, etc.)

Guardians, etc.

The scope of guardians, etc. for crimes of predatory, kidnapping and trafficking is not clear in the course, but the following are assumed. Parents of minors, guardians of minors and those exercising custody on their behalf In addition, those who actually protect minors based on legally legitimate authority (including foster parents (including relative foster parents, foster parents, specialized foster parents, etc.), directors of child welfare facilities, etc.) Guardians of the mentally ill, ie guardians (adult guardians and apotropos)

Subject / Object

Subject

It is a common wisdom and judicial precedent that this offense is established even if the guardian, etc. himself becomes an accomplice to the crime of predatory or kidnapping. This offense is also established if one of the joint custody (husband who is a non-custodial person) is taken away from the other custody (wife who is a custody) who is currently custody (Supreme Court decision 2005). December 6th).

Agree

From the viewpoint of the above-mentioned protection law benefits, minors can constitute this offense even with the consent of the person (without the consent of the guardian, etc.) (Fukuoka High Court Decision April 14, 1956, etc.) ). Even with the consent of the guardian, if it is considered to be clearly against the interests of minors, such as objectively hindering the freedom and safety of minors, prevent illegality. There is a position (theory) that a crime is established. The relationship between the consent of the guardian and the will of the minor will be judged based on the abuse of custody.

Object

Minors are minors for predatory and kidnapping charges. There are different interpretations in theory for minors who have been legally married.

Act

Ryakushu is the use of assault, intimidation, or other compulsory means to disengage the other party from the previous living environment against his will and place him under the control of himself or a third party. Abduction is the use of indirect means such as deception and temptation to remove the other party from the previous living environment and place it under the control of oneself or a third party. The combination of kidnapping and kidnapping is called "kidnapping" in the course. The assault or intimidation during the predatory does not have to be enough to suppress the victim's rebellion, for example robbery, and it is possible to put the kidnapped under the control of himself or a third party. It is enough to exercise tangible power. Therefore, milk

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