277 Conspiracies to Be Punished

Newspapers carried scoop news about the outline of new legislation creating Crime of Preparing Terrorism or Else, which would be a different version of Crime of Conspiracy. The legislation would determine 277 kinds of crime to apply. While the list selected certain serious crimes related to terrorism, they reserved arbitrariness in the legislation for arresting anyone they would like before committing actual crime. It is not rule of law but rule of man.

Shinzo Abe administration has been seeking legislation for Crime of Preparing Terrorism or Else to ratify United Nations Convention against Transnational Organized Crime in 2000, which was already ratified by 187 countries or regions. The convention requires the parties to legislate punishment against serious crimes with detention for four years or more. There are 600 or more kinds of crime in Japan, which can be recognized as those serious crimes.

Japanese government interpreted the convention as requiring legislation against serious crimes committed by criminal organization and selected 277 crimes within five categories actually assumable as committed by organized criminal group.

Category 1 is activation of terrorism, including organized murder, arson to inhabited structure, hijacking, firing gun, splashing poisonous chemical materials like sarin. Category 2 for drug lists up 29 cases like smuggling or distribution of cocaine or opium. Category 3 is exploitation of human including human trafficking, illegal immigration of collective stowaways, forced labor or selling and buying internal organs. Category 4 lists up organized fraud or blackmailing, forgery of securities or concealment of criminal profit, and Category 5 is about interference against judicial process like perjury, destruction of evidence or supporting getaway.

They are the crimes to be punished. It is the problem, however, that they are recognized as crimes even in the situation of preparation. If there is an agreement on activation of serious crime, the activity will be punished even before committing actual crime. To limit the application of the legislation, the crime has to be done by organized criminal group, which purpose of assembly is activation of listed crime.

It is concerned that the government will be able to investigate any organization including labor union or private association. When the police unilaterally realized a group having changed into criminal assembly, its members would be arrested immediately. The opposite parties oppose the legislation with concern of arbitrary exercise of state power against innocent citizens.