著者

日下 和人 KUSAKA Kazuhito クサカ カズヒト

出版者

群馬大学社会情報学部

雑誌

群馬大学社会情報学部研究論集 (ISSN:13468812)

巻号頁・発行日

vol.25, pp.39-58, 2018-03-01

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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.