著者

川崎 英明

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.58, no.1, pp.55-83, 2007-04

---

One of the contemporary issues in modern criminal procedure is whether a police officer may investigate any person whom he has reasonable grounds to suspect of committing a crime. I researched the Horikoshi-Case in examining this issue. In this case a civil servant handed out political leaflets in violation of the national public servant law that prohibits civil servants from participating in political movements. A prosecuter filed an indictment against him. In the investigation by the police before the indictment, police officers had been following and video-taping him for 29 days. This case has two disputed points. One is the question of whether a police officer may investigate any person whom he has reasonable grounds to suspect of committing a crime, which in this case is the act of handing out political leaflets. The other is the question of the legality of following and video-taping as a means of the investigation, which may invade a person's privacy. In my opinion, the constitutinal law and the criminal procedural law don't permit police officers to begin an investigation before a crime is committed. Therefore, the investigation in this case is not only an invasion of privacy but also illegal. This paper consists of following sections. 1 The problems of the Horikoshi-Case. 2 Examination of the investigation of this case. 3 Can police officers begin to investigate before a crime is committed? 4 The illegality of following and video-taping as a means of the investigation. 5 Conclusion.