조직적 사기범죄 피해재산의 몰수･추징과 피해자 환부

Abstract

Recently, Pyramid scheme fraud and voice phishing by criminal organizations have increased. These crimes has a characteristic that they are committed under the premeditated and organized plan, targeting economically vulnerable people, occurring The greatest number of victims of crime. And these crimes may be greater impact on society than other fraud. As a countermeasure for the serious organizational fraud crime problems, victims organizations required to strongly punish organizational fraud crime, and, also, established recovery measures of organizational fraud crime. Reflecting public opinion like this, police and prosecutors sometimes a special crackdown on organizational fraud crime, sometimes to strengthen judicial cooperation for arresting criminals who flee the country. However, despite these various efforts, It does not seems sufficient way to recover organizational fraud crime, but whether it is effective on preventing organizational fraud crime. Reflecting public opinion like this, sometimes a special crackdown on police and prosecutors organized crime and fraud , to strengthen judicial cooperation has a variety of efforts to strengthen the arrest criminals who flee the country. But such efforts occur if there is effective prevention of future crimes , but it is a recovery measures for victims of crime and economic base collapsed with a terrible lack of systematic fraud. For example, the“proceeds of crime legislation concerning the Regulation and Punishment of Concealment”Article 8, paragraph 3 and Article 10, paragraph 2, prohibit the confiscation and additional collection of the crime property, Because of this legislation we does not have any procedure of compensation for Victims. This legislative lack is making the situation that can not give a compensation for Victims of domestic if prosecutor take a confiscation and additional collection of property of crime that concealed the outside through mutual legal assistance . To solve this problem, amended the“proceeds of crime legislation concerning the Regulation and Punishment of Concealment, should be prepared for the confiscation and additional collection of property of crime and procedure of compensation for Victims of Fraud crime.