Departmental Bulletin Paper 強盗致死傷罪の要件に関する判例及び裁判例の分析的検討
An Analysis and Examination of the Elements of the Crime of Robbery Causing Death or Injury

吉野, 太人

16 ( 3 )  , pp.141 - 208 , 2017-11-10 , 一橋大学大学院法学研究科
This article offers case law’s requirements of the crime of robbery causing death or injury in the Penal Code of Article 240. Article 240 stipulates that a person who has committed the crime of robbery causes another to suffer injury or cause death “at the scene of the robbery” is applicable to the crime mentioned above. With regard to the requirement of “at the scene of the robbery”, case law has been reviewed as it interprets this phrase as “on the occasion of robbery”. This article tries to re-articulate such a requirement by analyzing cases from 1949 to 2016. According to the analysis, case law positions the requirement in a broad sense which consists of another three requirements, namely, “on the occasion of robbery” in a narrow sense in which there is a continuity of the situation of robbery until committing an act causing a person’s injury or death or some relevance between the robbery and the act mentioned above, a positive-ness of the robbery’s act and a causality between such an act and injury or death. Finally, this article proposes substantial reasons why case law requires these factors. Case law demands these requirements because it prudently considers whether the act should be applicable to Article 240 at which punishment is much more aggravated than that of simple robbery by examining the application of these requirements.

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