告訴の意思表示は脅迫か。大審院大正3年12月1日判決の検討

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  • Can aDeclarationof Bringing Criminal Charges Be a Case of Intimidation? An Examination of a Judicial Precedent of the Former Supreme Court Dated December 1, 1914

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Departmental Bulletin Paper

Does a declaration of intent to take legal action fall into the category of criminal intimidation? The above - mentioned precedent in 1914 claims, though it does in its obiter dictum, that the indication can fulfil the requirements for criminal intimidation. This judgment that can be traced back more than a century is still considered the leading case. Therefore, it has been argued in quite a few cases that this ruling presents the position and views of the judiciary that an indication or gesture of intent to accuse may meet the requirements for criminal intimidation when it forms an abuse of rights. This ruling’s view, however, can be looked upon as defining the act of abusing one’s rights in the narrowest way. Conversely, it can be pointed out that there is not much likelihood of the requirements for criminal intimidation being fulfilled according to this legal precedent.

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