Question from a reader:
I have questions about Japan’s criminal law and civil system. It feels like there is leniency regarding debt and payment ability; why is that? For example, in a hit-and-run accident where someone was injured, the perpetrator only goes to prison, and actual payments have stopped. Even though the court recognized the debt repayment, the other party is
evading, making it impossible to recover costs. It seems that incidents involving violence are also increasing recently. This leads me to wonder, what if there were a system that made the perpetrator a “slave” of the victim after losing in court? Since there is a repayment obligation regarding debt, if the victim could designate the perpetrator’s work and make them work in dangerous places, it might encourage everyone to pay desperately.

The Current State of Japan’s Criminal Law and Civil System

Recently, many questions have been raised regarding debt and payment ability. In particular, cases where the perpetrator goes to prison and subsequent compensation to the victim stops are issues that many people face. This time, I would like to explore this problem from the perspective of criminal law and civil law.

The Relationship Between Debt and Criminal Law

First, let’s touch on the differences between criminal law and civil law. Criminal law establishes penalties for criminal acts and is a system designed to protect victims. On the other hand, civil law is the law that resolves disputes between individuals, allowing for claims for damages. In other words, if someone is injured in a hit-and-run accident, the perpetrator is punished under criminal law, but the compensation for the victim falls under civil law. What’s important here is that the punishment in criminal law aims to isolate the perpetrator from society and does not directly provide compensation to the victim. This is why, during the time the perpetrator is in prison, compensation to the victim may stop. Many people understandably feel that “the system is lenient” in this regard.

The Reality of Payment Ability and Civil Procedures

There are many cases where debt repayment is recognized in court, yet the actual recovery of that money is impossible. This is especially evident when dealing with individuals who have no payment ability. For instance, if the perpetrator is evading responsibility, the victim must spend a lot of time and money on debt collection. Even then, they often end up with nothing. Let me provide a real example. Suppose my friend was seriously injured in a car accident. The perpetrator was not insured and fled the scene. As a result, my friend filed claims for medical expenses and damages, but the perpetrator disappeared without a trace. Although my friend ultimately won in court, they found themselves in a situation where they received no compensation in reality. Such realities threaten the lives of victims, regardless of their legal victories.

A New Proposal to Save Victims

The idea proposed by the questioner of making the perpetrator a “slave” of the victim may have some merit. Of course, whether this is legally feasible is another issue, but it is important to create a system that prevents perpetrators from unjustly evading their responsibilities to victims. For example, if there were a system of forced labor for perpetrators, it might encourage debt repayment. While the idea of allowing victims to designate the perpetrator’s work may seem extreme, it could at least improve the current situation where victims cannot receive compensation. However, in law, “slavery” is absolutely not permissible, and we must not ignore compensation for labor or human rights. Therefore, implementing this proposal would require significant legal adjustments.

Understanding as a Social Issue

One thing to consider here is that we also need to take into account the circumstances of the perpetrators. Many perpetrators choose to flee for economic reasons. Since social backgrounds and mental health issues are often involved, simply thinking that “punishment is enough” will not solve the problem. Moreover, the increase in violent incidents and criminal acts recently is often influenced by economic insecurity and social isolation. To address this, it is necessary to recognize the problem not only through legal systems but also as a society as a whole and seek solutions.

Conclusion

Although Japan’s criminal law and civil system have mechanisms to protect victims, many challenges remain in actual life. It must be said that there are indeed leniencies in the systems regarding debt and payment ability. However, extreme solutions like making perpetrators “slaves” pose difficult legal and ethical issues. Ultimately, new systems and social support are needed to help victims. Moving forward, it will be essential to incorporate not only legal perspectives but also psychological and social viewpoints to find better solutions. I believe it is important for each of us to consider how we can build a better society, rather than treating these issues as someone else’s problem. What do you think?