Question from a reader:
I have a question about crimes requiring a complaint. If the victim themselves cannot report to the police, will the police accept a report made by the victim’s family instead? If the family reports, will an investigation be conducted?
Understanding Crimes Requiring a Complaint and Their Impact
Crimes requiring a complaint refer to offenses that cannot be prosecuted
without the victim’s accusation. In Japanese criminal law, this particularly applies to defamation, insult, and forced indecency. The characteristic of crimes requiring a complaint is that the law does not intervene unless the victim themselves files a complaint. Therefore, how to respond when the victim cannot report to the police is a very important issue.
Legal Background When Family Reports
First, there are various reasons why the victim may not be able to report to the police. Fear, shame, or psychological shock are possible considerations. In such situations, the key point is the legal implications of the victim’s family reporting on their behalf. Under Japanese law, generally, a complaint from the victim is required for crimes requiring a complaint, but there is a possibility that an investigation may be initiated if the family reports. However, whether the family’s report is considered a “complaint” is a complex issue. Generally, a complaint is expected to be filed by the victim themselves, and whether the police will accept a report made by the family varies case by case. The police may start an investigation based on information from the family, but ultimately, a complaint from the victim is necessary for prosecution.
Flow of Investigation in Crimes Requiring a Complaint
In cases of crimes requiring a complaint where the family has reported, what kind of investigation will be conducted? Below is a general outline of the process.
Initial Response After Reporting
When the family reports to the police, the police will first accept that information. At this stage, they will ask detailed questions about the victim’s information and the specifics of the incident. If the police determine that the victim has been harmed, they can initiate an investigation.
Conducting the Investigation
If the police begin an investigation, they will collect evidence and interview witnesses. It is important to note that the extent of the investigation may be limited unless the victim files a complaint. The police should conduct the investigation while considering the psychological state of the victim.
Necessity of a Complaint
As a result of the investigation, if the victim decides to file a complaint with the support of their family, the case can finally proceed through formal legal procedures. This is a very important step as long as it is a crime requiring a complaint.
Considerations from Various Perspectives
There are various perspectives to consider regarding this issue of crimes requiring a complaint.
Victim’s Perspective
For victims, support from their family often serves as emotional support. However, when the family reports on their behalf, how the victim feels can vary. Being reported may cause the victim to relive their emotional trauma.
Family’s Perspective
Families are deeply concerned about their loved ones being harmed. Therefore, when they cannot overlook criminal acts, they often take the initiative to act. However, acting without understanding the legal procedures can sometimes worsen the situation.
Relevance from the Perspective of the Entertainment Industry
Such legal issues may also impact the entertainment industry. For example, films and dramas often address themes related to crimes requiring a complaint, providing viewers with enlightening messages. By addressing the darker aspects of society and legal issues through their works, they can offer audiences an opportunity to think about important matters. Moreover, in the entertainment industry, it is not uncommon for celebrities and talents to become victims. Therefore, the industry is also called upon to create an environment where victims can speak up more easily. For instance, when the media reports on crimes, it is important to encourage complaints while respecting the victim’s privacy.
Future Outlook and Practical Advice
In the future, laws and social awareness regarding crimes requiring a complaint may change. Below are future prospects and practical advice.
Possibility of Legal Revisions
Regarding crimes requiring a complaint, it is necessary to consider revising the law while taking into account the feelings of the victims. In particular, if a system is established that allows investigations to begin without the victim filing a complaint, the burden on the victim could be alleviated.
Importance of Awareness Campaigns
To deepen the understanding of crimes requiring a complaint throughout society, awareness campaigns are essential. It is important to spread basic knowledge about the law through education in schools and local communities.
Enhancing Support for Victims
To create an environment where victims can speak up more easily, support organizations and psychological support are indispensable. In particular, it is necessary to establish a support system that makes it easier for victims to file complaints.
Conclusion and Call to Readers
Understanding crimes requiring a complaint connects not only to legal perspectives but also to the reform of societal awareness as a whole. The question of whether family members can report on behalf of the victim is a very complex issue that requires legal advice. By turning your attention to the people and society around you and deepening your understanding of crimes requiring a complaint, you can help build a better community. We encourage all readers to share their opinions and experiences. Understanding crimes requiring a complaint will be a key factor in the future of talent activities and entertainment. We welcome any opinions, so please feel free to share.
