일본 형법상 공범과 신분

Abstract

The criminal code of South Korea and Japan has specified the crime in which a fixed social position relation affects criminal enactment and the gravity of criminal punishment under a cover called complicity and a status, respectively. The 1st clause of Japanese Article 65 of a criminal code “It is specified "When the criminal act constituted by a criminal's status is processed, a person without a status also makes it complicity", and is specified "When there is a gravity of punishment especially by a status, it burdens a person without a status with the usual punishment" in the 2nd clause again, respectively. Of the accepted theory about this regulation, the 1st clause is concluded that the joint action of genuine status was specified, and the 2nd clause is concluded that it is formal distinction of having specified the individual action of a false status. However, the view of such accepted theory is criticized at various angles. In Japan was the question on an interpretation to state and to interpret Article 65 of a criminal code systematically between the 1st clause and the 2nd clause, and Although various theories to the present have been developed, no theories asserted until now can present appropriate solution. Therefore argument must be faithfully realized rather than this. From such views, because it is discussed from the unnecessary theory, the deletion theory, and the trifling examination to this, an investigation is required about the regulation to complicity and a status of Japan. It is a well-known fact that the argument about such complicity and a status is the portion currently most actively discussed of the argument about a complicity theory in the interpretation and application on the South Korean criminal code. I hope this paper to be considered the interpretation and application about the complicity on a Japanese criminal code, regulation of a status now and re-illuminating the argument about complicity and status in the South Korean criminal code on a basis