Establishment of "imprisonment" that unifies "imprisonment" and "imprisonment" Enactment of revised criminal law

The House of Councilors has introduced a sentence of imprisonment for insulting crimes that apply to insulting people, raised the upper limit of the statutory sentence, and created a "detention sentence" that unifies "imprisonment" and "imprisonment". At the plenary session, it was approved by a large number of people in favor of the Liberal Democratic Party, the Komei Party, the Nippon Ishin no Kai, and the Democratic Party for the People.

In the revised Penal Code, etc., in order to strengthen measures against false accusation on SNS, imprisonment is introduced for insults that are applied to acts that openly insult people, and the upper limit of the statutory sentence is "imprisonment / imprisonment of 1 year or less". And will be raised to a "fine of 300,000 yen or less".

On the other hand, in the deliberation in the House of Representatives, three years after the enforcement, a revision was made to include in the supplementary provisions such as verifying whether the freedom of expression was unreasonably restricted and taking necessary measures.

In addition, the revised law includes the creation of a "detention sentence" that unifies the "imprisonment" that requires prison work and the "imprisonment" that is not required, among the sentences that accompany detention, and the Meiji era. For the first time since the enactment of the Penal Code for 40 years, the types of penalties have been reviewed.

In "imprisonment", depending on the characteristics of the inmate, in addition to prison work, guidance and educational programs to prevent recidivism can be implemented.

The revised law was passed at the plenary session of the House of Councilors on the 13th, and was passed by a large number of people in favor of the Liberal Democratic Party, the Nippon Ishin no Kai, and the Democratic Party for the People.

The revised Penal Code expands the "suspended sentence" system for punishment

Suspended sentence is subject to probation, and there are cases where you live a social life under the guidance and supervision of a volunteer probation officer. It was said that the target person would be sentenced to prison, and the non-target person could be given a suspended sentence again if the sentence for recidivism was one year or less.

From the perspective of preventing recurrence, the revised law will allow the court to take action according to individual cases, so that even if a person commits a crime again during probation, he will be given a suspended sentence and will be executed for the second time. The sentence for recidivism that can be suspended has been increased from less than 1 year to less than 2 years.

Then, in order to strengthen the measures for those who are subject to probation and have a second suspended sentence, the probation office accurately analyzes the factors that led to the recidivism and aims to improve the juvenile discrimination office. Regarding "discrimination" that shows appropriate guidelines, we are requesting that the target persons requested by prisons, etc. be expanded to inmates aged 20 and over, and that they be utilized according to their individual characteristics.

In addition, a system will be put in place to convey the feelings of the victims to prisoners and juveniles held in prisons and juvenile training schools and encourage them to reflect on them.

In addition, in order to encourage inmates to reintegrate into society, it is necessary to support the securing of housing and employment and to receive appropriate medical care, and for those who are detained in detention centers or police stations. Correspondingly, regulations have been established to make adjustments for securing housing and employment support.

Severe punishment for insults Some people are worried that freedom of expression will be threatened.

The Japan Federation of Bar Associations, in a statement issued in March this year, has a wide range of punishment for insults, which may aggravate legitimate comments such as political opinions and threaten freedom of expression. He pointed out that he would be arrested and detained and detained for a long time due to the increase in the statutory sentence.

Zhao Seifeng, a lawyer of the Daini Tokyo Bar Association, who was involved in the preparation of the opinion, said that it was necessary to eliminate the false accusation on the Internet, and said that this revision of the law was "a little insulting to the government at the time." If you make a critical statement that includes expression, one day you may suddenly get an arrest warrant. You run the risk of becoming a very scary world. "

After that, "In the future, it is necessary to critically verify and check whether it is being operated properly. Solving the problem with punishment is the last resort, and the civil solution is effective before that. It is also necessary to take measures such as raising the amount of compensation for damages and making it easier for victims to disclose information on people who have been injured. "

Some local governments are taking measures by ordinance to prevent false accusation on the Internet

Gunma Prefecture is the first country in Japan to establish an ordinance on false accusation on the Internet, and while giving consideration to freedom of expression, it will work to improve Internet literacy and improve the consultation system for victims.

The ordinance also includes cooperation with school education, and the prefectural board of education has created original teaching materials that allow students to learn points to note when using SNS through games, and has been distributing them to schools in the prefecture since last month.

The game is set at school, and players are forced to choose how to respond when interacting with friends or using communication apps.

This choice influences the development of the story, for example, when you post a video taken with a friend on SNS, the school you attend or your real name is identified or a comment is written that is false accusation, and the seriousness of the risk and damage You can experience it.

Kazuho Ikuma, the director of the prefectural board of education, said, "I want you to learn that you have the correct knowledge about the Internet, as well as the imagination and judgment to think about the other person, and the responsibility for disseminating information. I want them to acquire the skills and morals to build better relationships. "

In addition, based on the ordinance, we have also set up a specialized consultation desk for accusation on the Internet and SNS.

Depending on the prefecture, 617 consultations have been received from the opening of the adult to the end of last month, and depending on the content, a lawyer or a clinical psychologist who provides psychological care will be connected to solve the problem.

Victim Support Center Secretary-General Takahashi said, "It is difficult to erase the information spread on the Internet, and the victims will continue to suffer for a long time. I think. "