Zur Umgestaltung von Antragsdelikten zu Offizialdelikten in der Strafgesetzgebung Japans

Abstract

A complaint offence refers to an offence that requires a victim’s complaint for its prosecution. By contrast, an ex officio offence refers to an offence that a prosecutor can pursue without a victim’s complaint. The Japanese Criminal Code contains many complaint offences, comparable to the German Criminal Code. However, in recent years there has been a tendency in Japan to change offences necessitating complaints by victims into offences that can be prosecuted independent of complaints by victims (sex offences, stalking, business secret infringements, and copyright infringements). This corresponds with a trend towards more severe punishment and a strengthening of regulations in Japan. These offences are no longer considered as minor offences, and the necessity of a prosecution has been emphasized. Furthermore, repeated UN recommendations and the ratification of international agreements such as ACTA and TPP have had a significant influence on the movement to ex officio offences. The Japanese Criminal Code and the Japanese Criminal Procedure Code have inherited the German complaint offences system. However, the Japanese complaint offences system has evolved in a way that differs from its German counterpart. These revisions have brought some problems with them, and this article discusses the Japanese debate on the revision of complaint offences.