Compromise on Crime of Conspiracy

Liberal Democratic Party, Komeito and Japan Restoration Party agreed on a draft of revised Organized Crime Punishment Law, which included a concept of crime of conspiracy. While Komeito and JRP had been reluctant to resume the old concept of punishing crime of conspiracy in Imperial Japan, which would enable the police arresting the people before activating organized crime, LDP persuaded them to join the coalition for enhancing governmental authority. Other opposite parties argue that anti-terrorist measures, the greatest cause of introducing crime of conspiracy for LDP, can be taken without such a law.

The agreement was brought with minor changes for compromise. The chairmen of Committee of Diet Affairs in each of those three parties reconfirmed that they would promote the bill with modification of adding supplemental provisions for disclosure of process of summoning criminal by police and definition of investigation using global positioning system. Three parties hope that the bill will pass House of Representatives by next Thursday.

Excessive coercion of confession by police in investigative interview to the suspect had been a serious problem of violating human rights. Revised Criminal Procedure Law, going to be activated in June 2019, demands the police to visualize its investigation with recording the scene and sound of interview in the cases under citizen judge system and independent investigation by prosecutors. The draft by three parties requires the law to include crime of conspiracy for the visualization.

Supreme Court decided that it was illegal for police to make investigation using GPS without search warrant from the court and requested to make new law for GPS investigation. Receiving the argument of JRP, which wanted to give “minimum weapons” to the organization of law enforcement, LDP made a compromise to add supplemental provision for urging new law for GPS investigation.

Experts question that visualization of investigation or GPS investigation is not related to crime of conspiracy. Ministry of Justice has already introduced voice or video recording of investigation to the suspect. Supreme Court has demanded new comprehensive legislation for GPS investigation, including crime of conspiracy. One scholar found that the draft did not settle the problem of crime of conspiracy that could be broadly applied to innocent citizen.

Fundamental question is that crime of conspiracy does not necessarily work for preventing terrorism. Shinzo Abe administration keeps on explaining that crime of conspiracy is needed for the success of Tokyo Olympics in 2020. For the administration, punishing innocent people may lead to the success of the sports event.