Slutty acts at a hotel by a 14-year-old girl ... A 2-year-old male SDF who was arrested twice and fined. Disciplinary action for 22 months.
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Approximately eight months before the crime, a male first-class landman was arrested and fined for committing an obscene act at a hotel in Gifu City to the same girl.
A man from the Ground Self-Defense Force Moriyama station, who had been arrested and fined twice for lewd acts against a girl, ... → Continue reading
"Tokai TV Broadcasting" (Fuji TV affiliate) news account. We will send you the latest news from Aichi, Gifu and Mie prefectures.
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Fines in Japan
Application of punishment
The fine isCriminal lawIt is a kind of punishment stipulated in.Legally, the administrative order punishment described below (Fine, Charges, negligence, heavy taxes,Road Traffic LawupperFoul money,Neglect fee(Administrative sanctions such as).
There are many crimes that stipulate fines in the criminal law.But,TheftSuch asProperty offenderAndCrime of obstructing public affairsSuch asNational interestIn the past, only imprisonment was stipulated as an optional sentence, and no fine was stipulated.This was because "theft is committed by a person without money, so it is not effective to impose a fine" and "a crime against national legal interests does not fit into the fine".
But small theft (Shoplifting(Electricity theft, etc.) and minor obstruction of official duties (arbitration of fights)Police officerIt may be considered too heavy to impose imprisonment (for example, if you push it away).Especially,Civil servantAnd someProfession(Certified public accountantEtc.)imprisonmentIf you are sentenced to the above sentenceProbationEven withUnemployment・ Because you will be disqualified, if you are guilty of a minor crime, it will lead to a terrible situation.for that reason,Prosecution delayThere were many cases that had been completed in.Therefore, in order to flexibly deal with the punishment for these crimes, a fine was stipulated as an optional sentence (Act No. 18 of 36, enforced on May 18, 5).
Administrative punishment (application of criminal law)
Administrative punishment imposes punishment as sanctions for breach of administrative obligations...Article 8 of the Penal Code stipulates that "the provisions of this volume also apply to the crimes of other laws and regulations. However, this does not apply if the laws and regulations have special provisions." Also apply the general rules of the Penal Code.
- Examples of other laws and regulations (administrative punishment) that stipulate fines
In addition, ordinary local public entities, special wards, and unions of local public entities are imprisoned or imprisoned for up to 2 years and fined up to 100 million yen for breach of obligations under the ordinance, except as otherwise provided by law. , Detention, fines or confiscation penalties can be established (Local government law(Article 14 paragraph 3)..In addition, the ordinance can also stipulate the administrative order punishment (fine of 5 yen or less) described later..
Administrative order punishment (difference from criminal fine)
Of the administrative punishments, monetary sanctions imposed to maintain administrative order are classified as administrative order punishments, which are different from fines imposed as administrative punishments...Imposed in case of violation of administrative proceduresFineEtc. are sometimes commonly referred to as "fines".However, fines, surcharges, negligence, heavy additional taxes, etc. are administrative sanctions other than punishment.Administrative sanctionsIs a type of..The Code of Criminal Procedure does not apply to administrative order punishment.
It has been pointed out that administrative punishment is imposed for acts with strong antisocial behavior, and administrative order punishment is imposed for minor administrative breach of duty, but inconsistency may remain..
- Examples of administrative order punishment
In addition, administrative sanctions include indirect national taxes, etc.Notification disposition,Road Traffic LawViolationFoul moneyAre also included, but these aretaxThere is a feature of shifting to criminal procedure if you do not pay the penalty..The notification disposition for indirect national taxes and the penalties system under the Road Traffic Act can be regarded as an example of institutionalizing non-punishment processing (diversion) of administrative offenses..
Also, under the Road Traffic ActNeglect fee(Article 51-4 of the Road Traffic Act) is also an administrative order punishment, but according to the will of the legislator, it is not a court.Prefectural Public Safety CommissionIt is a unique system that is different from fines because it is imposed by.
In addition, ordinary local public entities, special wards, and unions of local public entities may impose a fine of 5 yen or less for breach of obligations under the ordinance, except for those specified by law.Local government law(Article 14 paragraph 3).
Contents of the sentence
Amount of fine
The amount of the fine is set at 1 yen or more, but if it is reduced, it can be reduced to less than 1 yen (Penal Code Article 15).
The criminal code generally does not limit the upper limit.Therefore, the upper limit of the fine amount is set in each article.Especially,Unfair Competition Prevention Law,Antitrust law,Financial Instruments and Exchange Act,Article 960 of the Companies Act(Special offense), Etc., a very high fine of XNUMX million yen may be set..
As a general rule, the fine amount is a flat rate, but there are also crimes where a slide system is taken...Tax evasion andExercise of intelligence after acquiring counterfeit currency, etc.Regarding (Article 152 of the Penal Code), a fine can be imposed in proportion to the amount of tax exemption and the face value of counterfeit currency, etc. (For example, according to Article 238, Paragraph 2 of the Income Tax Act, if the amount of tax exemption exceeds 500 million yen, It stipulates that a fine equal to the amount of tax exemption can be imposed), so it has a so-called blue ceiling.
In addition, free sentences such as imprisonment and fines may be imposed at the discretion or necessary..
If a person sentenced to a fine dies without paying the fine, he or she will not be able to execute it.However,Criminal Procedure Code Article 491In the case of a crime prescribed in (tax or other public charges or a fine given pursuant to the provisions of laws and regulations concerning monopoly), a fine may be executed for the inherited property.
Amount change due to price fluctuations
Some of the old punishment regulationsinflationThere is also a provision that the amount of fines has become considerably cheaper than the current prices.To deal with such a situationTemporary measures law such as finesThe amount of fines has been raised to a certain amount regardless of the amount in each punishment provision, and the actual statutory punishment is the application of the Act on Extraordinary Measures such as Fines to each punishment law.In addition, in some methods, "Law to partially revise the criminal law, etc. for raising the amount of fines, etc. The amount of money was directly revised.
- The target crime isCriminal law,Law on Punishment for Violence,Law Concerning the Development of Economic PenaltiesCrimes other than the crimes of the three laws (excluding the crimes of the ordinance) (Article 3 of the Act on Temporary Measures for Fines, etc.).
- If the maximum fine is less than 2 yen, the maximum amount shall be 2 yen (the first sentence of Article 2, Paragraph 1 of the same law).
- If the minimum fine is less than 1 yen, the minimum amount shall be 1 yen (the latter part of Article 2, Paragraph 1 of the same law).
- This does not apply if the fine amount is set as a multiple of a certain amount (the proviso of Article 2, Paragraph 1 of the same law), but if the fine amount is less than 1 yen, it shall be 1 yen (same as above). Law Article 2, Paragraph 2).
- If there is a specific amount for the fine, it shall not be set (except when it is set in a multiple of a certain amount) (Article 2 of the same law).
- By lawcommandFinesDelegationIf the maximum fine that can be stipulated is less than 2 yen, it shall be 2 yen (Article 3 of the same law).
Criminal record punishment
Specifically, those who have been sentenced to a fine or higher will be kept at the municipal office for a certain period of time.Criminal list(Family register,Basic Resident RegisterNot).In addition, the public prosecutor's office's criminal record is also subject to records for persons sentenced to fines or less for violating the Road Traffic Act.
The criminal record disappears after a certain period of time (5 years in the case of a fine) (Extinction of punishment, Criminal record erasure).If there is a criminal record, even a small amount of theft or injury that would result in non-indictment would result in criminal prosecution and conviction (which also makes the sentence heavier).
If you are listed and recorded as a criminal record, as a resultOverseasEmigrationIt is sometimes said that you will not be able to do this, but in the handling of immigration and visa applications in other countries,Police certificateThis is because you may be required to submit a (police certificate), and if you have a criminal record, your application may be rejected.
Labor office detention
If you cannot pay the fineLabor officeDetained inJudgmentDuring the number of days until the amount of money per day determined in the above reaches the total fine, for example, in the case of a short-form order, the labor of 5,000 yen per day (sealed letterIt will be subject to light work such as pasting).The period of detention at the labor office is 1 day or more and 2 years or less (3 years or less if a fine is imposed) (Penal Code Article 18) In addition, the daily wage will be increased if the fine of 2 years (3 years in the case of combined fines) is delinquent.
Inclusion of pending detention days
Undecided detentionIf the accused has been sentenced to a fine, the number of days of unsentenced detention may be converted into monetary amounts (often 1 yen per day) and included in the sentence.In this case, you only have to pay the balance of the fine that was not included.If the converted amount exceeds the amount of the fine given, you do not have to pay the fine (the fact of the fine does not disappear and it is equivalent to paying the same day).
If you are sentenced to a fine of up to 50 yen, depending on the circumstances, the sentence will bePostponement of executioncan do(Penal Code Article 25).However, fines are rarely suspended. Since 2002, hundreds of thousands of people have been fined each year, but less than 10 have been deferred.
Situation of punishment
The number of finalized fines is as follows:.
In the 1990s, the number of cases was 100 to 120 million per year, but it has been decreasing significantly since 2000. In the first instance judgment handed down in 2018, there were 2,503 ordinary first instance (ordinary procedures),Summary courtAtSummary procedureThere are 221,992 cases, and the latter accounts for the majority.By name of crime, traffic offenses (Road Traffic Lawviolation,Car driving negligent death and injuryEtc.) accounted for 81%, followed by theft crimes,Crime of obstructing public affairs,Crime of injuryAnd so on.
Doctor-Dentist-nurse-pharmacistFor medical professionals who require such qualifications, if a punishment of more than a fine is imposed, the license will be deprived (suspended or revoked) and a disqualification period will be set if the license is revoked.
Fines in korea
Contents of the sentence
A Korean fine is a property penalty that collects more than 5 won (Article 45 of the Korean Penal Code).However, if the sentence is reduced, it can be less than 5 won (Korean Penal Code Article 45 proviso).A property sentence of less than 5 won and more than 2000 won is a fine (Article 47 of the Korean Criminal Code).
When a fine is declared, the detention period for non-payment must be set and the fine must be declared at the same time (Article 70 of the Korean Penal Code).
Labor office detention
The fine must be paid within 30 days from the date of finalization of the judgment (Article 69, Paragraph 1 of the Korean Penal Code).It is also possible to order detention at the labor office at the same time as the fine is declared (Korean Penal Code, Article 69, Paragraph 1 proviso).
Those who have not paid the fine will be detained at the labor office for a period of 1 day or more and 3 years or less to serve for work (Korean Penal Code, Article 69, Paragraph 2).
Inclusion of pending detention days
Excludes the number of days equivalent to the amount of payment in proportion to the amount of fine when a person who has been sentenced to a fine pays a part of it and the number of days of detention period (Article 71 of the Korean Criminal Code).
Fines in the United States
The United States of AmericaFines may be imposed on natural persons and organizations found guilty..In the case of a natural person, it may be combined with punishment such as probation and imprisonment..
- ^ a b c d e Noriyuki Nishida. “About the administrative criminal law". Cabinet Office. 2018/10/16Browse.
- ^ a b c d e f g h i j k l m n o p q r s Katsuya Uga. “"Sanctions" for breach of administrative obligations". Cabinet Office. 2018/10/16Browse.
- ^ Amount of fine - House of Councilors Legal Affairs Bureau
- ^ Annual Prosecution Statistics Report ・ "Persons by trial result of those who have undergone a final trial by trial grade"
- ^ Ministry of Justice (2019-12). First Year of Reiwa Criminal White Paper Volume 3 Treatment of Criminals and Juvenile Delinquents in Heisei 3 First Trial (2) Penalty Status C Fines / Fees (Report). http://hakusyo1.moj.go.jp/jp/66/nfm/n66_2_3_1_3_3.html#h3-1-3-07 2019/12/28Browse..
- ^ a b "Violation Deterrence System in the United States" Kensada Iwahashi Cabinet Office, November 2005, 11.
- ^ "British BP agrees to pay a fine of 3650 billion yen to US authorities". AFPBB News (Agence France-Presse). (October 2012, 11). http://www.afpbb.com/article/disaster-accidents-crime/disaster/2912185/9845777 2012/11/18Browse.