Portal field news

Portal field news

in

🌏 | The bodies of more than 40 immigrants from the trailer, Texas, USA


写真 

The bodies of more than 40 immigrants from the trailer, Texas, USA

 
If you write the contents roughly
The nationality of the victim has not been confirmed.
 

[San Antonio XNUMXth Reuters] – Immigrants from a trailer on the XNUMXth in San Antonio, Texas, USA ... → Continue reading

 Reuters


Wikipedia related words

If there is no explanation, there is no corresponding item on Wikipedia.

victim

victim(Higashisha) means "crimeWho have been harmed byCriminal procedure code230)事件,ACCIDENT-Man-made disasterA person who has been damaged by.

Natural disastersFor the victims ofVictimSee.

Victim's rights

Right to prosecution (right to sue)

ChargesRight means the victim of the crime seeks punishment for the perpetratorright.

Some crimesCriminal trialThose that require the victim's accusation to do (Guilty charges).These crimes are "those that could lead to the disadvantage of the victim by making the case public (eg,"Libel charges)”, “Things that are expected to cause minor damage (eg:Crime of property damage)”, etc., and it is allowed for the victim to decide whether or not to punish the perpetrator for his own convenience. In the case of prosecution, the victim must exercise the right to sue.

Victims can also file charges for non-parental charges (other than parental charges, it is possible to file a trial without a complaint).In this case, if the victim is accused, it may affect the decision on whether or not to bring the case to trial and the sentencing of the judgment.

Litigation rights

Victims have the following rights in addition to the above-mentioned right to file a complaint (Article 230 of the Code of Criminal Procedure).

In addition, related to theseProsecutorJudgment (IndictmentVictims also have the right to be notified / notified of the reasons (including the judgment of).

Victim consent

Incidentally,Criminal lawIn addition, with the consent of the victim, there are things that are not criminal.for example,DoctorThe surgical action byCrime of injury OfConfiguration requirementsHowever, with the consent of the victim, it will not be a crime of injury (in some cases,Presumptive consentWill be a problem whether or not).MurderAlso does not hold with the consent of the victim, on the other handConsent murderIs established. Rape crimes against under 13 years oldForced obscene sinDoes not affect the success or failure of the crime even with the consent of the victim. In addition,Precedent TheInsurance fraud,Finger clawsIn cases such as the case where the establishment of an injury crime became a problem,Legal benefitDespite the victim's consent for the infringement, he affirmed the establishment of the injury crime.For more information on the criminal law debateVictim consentSee the item of and.In addition, if you misunderstand that you do not have the consent of the victim, you may be punished as an attempted crime (for example, if you committed indiscriminate murder but agreed to kill the victim). ..

Right to claim damages

Japanese Civil CodeTortIf the requirements of (Article 709) are met, or if the act of the perpetrator isDefaultIfRight to claim damagesIs approved by the victim. However, since these are basically monetary compensation and depend on the resources of the perpetrator, they are often not sufficient depending on the nature and amount of damage.

Victim support / relief

Western

SwedenOver 100 peopleNorwayHas a national agency for victim support with more than 60 staffNational uniform number systemIt is a one-stop shop, such as using the property of the perpetrator for compensation.GermanyEnacted the Crime Victim Compensation Law in 1976, and the non-profit organization "Shirokan" has about 400 branches and about 3000 staff members nationwide to support victims.The United States of AmericaThe National Victim Support Organization (NOVA), a private non-profit organization established in 1975, is active in[1].

Japan

Crime victims and their families have long been neglected in Japanese criminal justice, but in 2004Basic law for crime victimsWas enacted.There are crime victim support centers in various places, but according to the national victim support network of the national organization, the budget and personnel are insufficient, and the victim support promoted by the Basic LawOrdinanceHas been established (as of April 2021, 4) in 1 prefectures, and there are 32 blank prefectures including municipalities.[1].

Victim mental care

Crime victimMental careRegarding the above, it is not enough, but the system is gradually being prepared.

Victim financial relief

As a financial relief for the victim,Law Concerning Support for Crime Victims by Payment of Benefits, etc.Will be provided based on. The conditions are as follows, but on a case-by-case basis. Currently, the maximum survivor's benefit is ¥1,573 million and the disability benefit is a maximum of ¥1,849.2. However, when public benefits such as industrial accidents or compensation for damages are received, the amount may be reduced by the limit of the received value, and the actual payment amount is usually lower than this average amount of survivor benefits received. Is about 400 million yen.

Payment conditions
An act that is guilty of harming the life or body of a person in Japan (including Japanese ships and Japanese aircraft) (Emergency evacuation,AccountabilityIncluding those by those who do not haveDeath, Who suffered serious injuries or disorders, andBereaved familyIs the target.

In addition, there were problems such as not being able to receive compensation when criminal damage occurred overseas.[2]From November 2016, 28 (Heisei 11),Law concerning payment of condolence money for foreign crimesBased on the above, condolence money for foreign crimes and condolence money for foreign crime damages will be paid to the bereaved families of Japanese people who have died due to overseas criminal activities and Japanese people who have serious disabilities. However, the conditions for payment of disability welfare are severe, such as "blindness of both eyes" and "lost both lower limbs above the knee joint", and the amount to be paid is a small amount of 100 million yen. Was[3].

In addition, the victim who had received benefits such as victims said that the aftereffects remained.WelfareIn some cases, the reward for the lecture regarding damage was considered as income,Welfare officeIn some cases they were asked to return it[4], Some experts call for the problem of supplementing the fragility of the benefit system with welfare and the establishment of a sustainable guarantee system.[5].

Human rights protection of victims

For the victimhuman rightsThere are various social debates about protection.

Balance with human rights protection of perpetrators and suspects

What has often been questioned is the balance with "human rights protection for suspects (including perpetrators)."For example, criminal perpetrators / suspects, especiallyMinorFor the public nameNews reportIs becoming more and more avoidable (in principle, minors are prohibited)Real name coverageHas been the principle[6].

in recent years,Death penaltyIt has been pointed out that the increase in the number of judgments is due to the fact that the judge was unable to ignore the feelings of the bereaved family because the belief family's statement of opinion was accepted in the court.[7].

Japan Federation of Bar AssociationsAccording to the investigation of the juvenile delinquency, a case was reported in which the victim / bereaved family became emotional and abused or assaulted the suspected boy.resuscitationThere are voices concerned about adverse effects on[8].

In criminal investigations, trials and the pressFalse accusationIf this happens, the person who was once thought to be the perpetrator will be the victim of false accusations.[9].

Since people do not know when they will become victims, perpetrators or suspects, balanced human rights protection is required.

Dissemination of fixed victim images

In response to repeatedly announcing the voices of the bereaved family, such as "I want to kill with this hand" and "I want the death penalty"Tatsuya MoriCriticizes that what should be discussed as a matter of the death penalty system is brought to the realm of emotions and is overwhelmed by the voice that "the person who did such a terrible thing should be sentenced to death".[10].

Crime proof and victim

In many cases, the victim cannot be convicted without a concrete damage testimony by the victim who directly experienced the damage. In this case, the victim must testify in a public court while remembering the crime damage situation in detail. Must be (if you refuse to answer or can only give vague testimony, it is considered unreliable and even the true criminal may not be guilty).In addition, some defendants make statements that make victims liable because they want to avoid their crimes.Victims' suffering in such investigations and trials needs to be alleviated as much as possible.

On the other hand, there are cases in which the victim becomes a false perpetrator due to the false testimony of the victim, and there is also a situation in which the important accused affidavit's statement that should be innocent evidence as consideration for the victim is not recorded. Some people fear that the methods for protecting victims will flow in the direction of causing false charges.

Handling victim's name information

recently,PolicemenIncreasingly, the names of victims are hidden in announcements.2005Large inRailway accidentIn the case ofMass mediaIn some cases, only the names of the victims who agreed to the announcement were announced, which caused a great deal of controversy.Privacy PolicySince it was just after the full enforcement of the police, regarding the handling of victim's name information, police andhospitalThe confusion was accelerated by the fact that hesitation was seen in many fields.In this case, the mass media vehemently rebelled and demanded full disclosure (in this case, it was rejected to the end).

Due to this confusion, in October 2005Japan Newspaper Association"The police should disclose the victim's name to the media (because the media decides whether to report the name)"Cabinet OfficeSubmitted to.

However, "for minor crimes, etc.Freedom of the press"There is a news agency that enforces full name coverage under the name of". Has been pointed out so far. Also,Police officerThe real names of the news media, prosecutors, and reporters interviewed are rarely reported, and there are many cases in which the news media themselves conceal information about scandals within the news media. There are also voices of anxiety about leaving it to us.For these reasons, there are many voices who question the credibility of the news media as "representing the people's right to know" or as a "power check agency", and the news media requests the police to disclose their names. Does not necessarily have social consent.

If the victim cannot be identified at all, it will be impossible for the media to verify the content such as police announcements, which is likely to result in social disadvantage. Attention will be paid to the formation of future social consensus.

In overseas examples2019,The United States of AmericaTexasOccurred inMidland shooting(7 dead) Police did not announce victim's name[11].

law

Japan
America
Europe
  • Directive 2012/29 / EU

Support organization

Japan
Focusing on "establishing the rights of crime victims," ​​"establishing a damage recovery system," and "supporting victims,"20001/231 timesSymposiumIt was formed through "Crime Victims Sue".The first representative secretaryLawyerAnd my wife was killedOkamura Isao..Known as "Tomorrow's Association"
America
  • (English edition
  • National Crime Victim Law Institute (NCVLI)
  • National Alliance of Victims' Rights Attorneys (NAVRA)
  • National Organization for Victim Assistance (NOVA)
  • (English edition --Sexual damage
United Kingdom
(English edition

footnote

  1. ^ a b "Nihon Keizai Shimbun] Morning Edition August 2021, 7 (Social)"Crime damage care still in progress / support ordinance enacted, 5 prefectures blank / Kyoto Animation arson 2 years""Specialized institution in Scandinavia, collective support / US / Germany, donation culture to support management"(Retrieved September 2021, 8)
  2. ^ “Crime Damage Benefits: Cases Overseas, Requests for Improvement of Relief System”. Mainichi Newspapers(November 2012, 10). originalArchived as of October 2013, 8.. https://archive.is/Sb32a 
  3. ^ “Law enacted for relief of victims of foreign crimes Strict conditions for condolence money”. Nihon Keizai Shimbun(July 2016, 6). http://www.nikkei.com/article/DGXLASDG21H51_U6A620C1CR0000/ 2016/12/24Browse. 
  4. ^ “Crime victims: Protecting people who have sequela, sustainable compensation, institutionalization”Mainichi Shimbun. (September 2014, 2). originalArchived as of October 2014, 3.. https://archive.is/lcrKc 
  5. ^ Crime Victims: Endless Anguish, Sequelae, Livelihood Protection, Lecture Fees "Income" Sustainable Compensation, Institutionalization[Broken link]Mainichi Shimbun October 2014, 2
  6. ^ In this case, there are few claims that "it is necessary to avoid reporting real names for victims and reduce the risk of infringement of human rights." It should be noted that there are many cases where the victim's human rights are used below.
  7. ^ "Death sentence sentenced to a record 45 people[Broken link]"Sankei Shimbun] June 2006, 12
  8. ^ "Hearing of bereaved family members to juvenile referees Pros and cons of amending the law". J-CAST (September 2008, 5). 2008/5/6Browse.
  9. ^ "Undivided investigation, false accusation and crime, victim tour Kumamoto University symposium""Kumamoto Daily Newspaper』April 2021, 06 (viewed June 20, 2021)
  10. ^ Tatsuya Mori "Death prisoners can kill people.But people also want to save people ”(Asahi Press, January 2008, 1,ISBN 9784255004129) Page 103
  11. ^ "Police do not publicize the suspect's name on live TV, "don't give his actions an infamy"". huffingtonpost (September 2019, 9). 2019/9/3Browse.

Related item

外部 リンク

References

  • British government publication Cm6705 "Support measures for victims of crime" translated by Kenzo Kashino, published in full on Kenzo Kashino official website

 

Back to Top
Fermer