Crime of Conspiracy

Shinzo Abe administration made a draft of new law including a definition of crime of conspiracy, which Jun-ichiro Koizumi administration failed to pass the Diet three times. To avoid criticisms over oppression on human rights, the draft will name the crime “preparation of organized crime such as terrorism.” It is still suspected that the government will be able to restrict people’s rights by stretching the law as it likes.

Crime of conspiracy is punishing a plot of serious crime before it is practiced. Although Koizumi administration submitted drafts to the Diet in 2003, 2004 and 2005, which were rejected with concern of restricting activities of labor union or civil group. Abe administration reconsidered the necessity of such legislation to prepare for Tokyo Olympic 2020.

The draft is revised version of Organized Crime Punishment Act. That included “crime of plotting criminal practice with action of preparing practice regarding organized criminal group,” which is hardly understood by ordinary people. While former attempts were to be applied simply to “group,” the draft focused on “organized criminal group” as target of the law. The group is defined as an organization that will practice crime worth detention for four years or more. Terrorist organization, yakuza gangsters, human traffickers or money transfer thieves would be included. Some of them apparently have nothing specific to do with Olympic, anyway.

One possible problem is innocent people, who have some frustration with current social environment around them, can be arrested. Past drafts of crime of conspiracy could be applied to some colleagues of an office over beer, who would be saying “Well, I want to kill our boss.” The draft this time limited the target to a group in preparation of obtaining money or goods for practicing crime. If such a group were collecting catalog of weapons, it will be a target of the law.

But the meaning of “organized criminal group” or “action of preparation” is still not precise. It is governmental organization for law enforcement, like police or prosecutors office, that interprets those words. “Action of preparation” cannot be easily distinguished from “crime of reserve” or “crime of preparation” in current criminal law. Japanese government always reserves certain discretion in legislature.

If it is considered as preemptive measures for Tokyo Olympic, the target must be limited much more. It is hard to suppose that money transfer theft will increase during Tokyo Olympic. Taking advantage of popular sports event, the government is broadening governance over innocent people.