海外葉鍵事情 6.5カ国目

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669:名無しさんだよもん
 08/12/17 19:11:48 F0jWbyVeO
Hi Sydney and y'all! 
 
The other day, for no reason at all, I looked back in the archives of this thread, and I  
noticed that you're majoring in legal studies. A happy coincidence -- I'm studying law and 
jurisprudence, too (I've only just started it recently, though). 
 
To me, you're senpai in legal studies, so I'd like to ask you a question. I'm interested,  
as a kagikko, in a long-disputed topic about criminal law in Kanon -- Ayu Tsukimiya's  
taiyaki "theft". Can I ask how she would be dealt in your country's jurisdiction? 
 
In Japan -- contrary to a first glance -- the most influential opinion is that Ayu *isn't* 
punishable in the Japanese criminal system, because Article 235 of Penal Code stipulates: 
 
"Article 235 (Theft): A person who steals the property of another commits the crime of theft[.]" 
 
Ayu bought taiyakis from a vendor stall, or more precisely, she made an offer to purchase  
the taiyakis and then the vendor accepted her offer. In Japan, it's collectively thought  
that a sales contract like this *immediately* transfers the ownership of the subject  
matter of the sale (= the taiyakis) from the buyer to the seller. 
 
Ayu and the vendor made the contract, and Ayu took the taiyakis away after that -- at that 
time, the ownership of the taiyakis has been transferred to Ayu. Therefore, Ayu's act  
doesn't satisfy a kouseiyouken (Ger. Tatbestand; "constituent element") of the crime of  
theft, i.e. "steals the property of another", so she's not punishable. (Still, Ayu failed  
to perform the obligation of the contract, i.e., didn't pay the money, and civil dispute  
resolution procedures in the court will help the vendor collect the bill.) 
 
I, personally, think that Ayu *should* be liable to criminal prosecution, so I'm  
interested in how she would be dealt under criminal systems of foreign counties. 
 
Oh, and I hope you'll enjoy your trip to Japan. Cheers!

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