The Distinction between Homicide and Abandonment Depending on the Person Who Is Responsible for Protection

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  • 殺人罪と保護責任者遺棄致死罪の区別 : わが国の判例の分析を中心に
  • サツジンザイ ト ホゴ セキニンシャ イキ チシザイ ノ クベツ : ワガクニ ノ ハンレイ ノ ブンセキ オ チュウシン ニ

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With which crime should be charged, for example, against the parents who have caused the death of their child through negligence? As a regulation related to this act, the following is considered. First, in Japanese criminal law, Article 218 (Abandonment by the Person Who Is Responsible for Protection) provides that "when a person who is responsible for protection of the immature..., fails to give necessary protection to such person, the person shall be punished..." Moreover, when the victim suffered death or injury, abandonment causing death or injury (Article 219) is charged against the person. On the other hand, Article 199 (Homicide) provides that "a person who kills another shall be punished...", and, according to a prevailing view, is applied murder by omission. In the above-mentioned case, there are the precedents judged either as homicide or as abandonment against the acts causing death by neglecting the victims. Then, what is the standard to classify these 2 crimes? This study is to provide perspective view to the standard through a consideration of the related precedents.

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