Contemporary issue concerning consification and recollection (focusing on measures against money-laundering)

1992 Fiscal Year Final Research Report Summary

• Project/Area Number: 03301069
• Research Category: Grant-in-Aid for Co-operative Research (A)
• Allocation Type: Single-year Grants
• Research Field: Criminal law
• Research Institution: Sophia University
• Principal Investigator: HAYASHI Mikilo Sophia University, the law department Professor, 法学部, 教授 (80092302)
• Co-Investigator(Kenkyū-buntansha): YAMAMOTO Teruyuki Teikyo Univ., the law dep,ass,Professor, 法学部, 助教授 (00182634) ; MARUYAMA Masao Nanzan Univ., the law dep,ass Professor, 法学部, 助教授 (50140538) ; TANAKA Toshiyuki Yokohama Kokuritsu University, the economic dep ass,Prof, 経済学部, 助教授 (60114980) ; KYOTO Tetsuhisa Meiji Gakuin University, the law department,Prof., 法学部, 助教授 (50161592) ; ITO Kensuke Nagoya University, the law department,Professor, 法学部, 教授 (00107492)
• Project Period (FY): 1991 – 1992
• Keywords: money laundering

Research Abstract

One distinct character in the new legislation is the increased importance of Tsuichou(supplimentary charge), which was previously subsidiary to Bosshuu(confiscation). In order to root out and prevent the drug crimes,it is absolutely essential to deprive the criminal groups of their financial resources. This awareness helped this big change happen in the new legislation. Moreover,it is expected that the new system introduced by this legislation will become a stepping-stone to the measures against other kind of crimes committed by criminal groups.
In regard to Bosshuu,it is necessary to prove that the objective of Bosshuu has been obtained by criminal activities. Concerning this issue, the new legislation grants an 'assumption' in article 18. When taking in to consideration that, particularly in drug crimes against which the special and general prevention is urgently called for,this kind of assumption is quite reasonable and needed. Therefore,this article is acceptable. However,the crime of money-laundering in the new legislation contains a problem ,that is,it is uncertain what legal interest this legislation is protecting.
The reason for the lack of careful discussion on such fundamental issue is that to establish this crime has been an obligation of the new treaty against drug crimes. So it is undeniable that it has not discussed fully in detail.
In conclusion, the new legislation is believed to be a very effective instrument against the drug crime. The system introduced in this legislation is surely a stepping-stone for the prevention of other international crimes, however,a simple generalization or imitation of this system should be avoided.