虞犯とその取扱上の問題点(<特集>虞犯の概念と実態)

抄録

I examined what kind of concrete behaviors were stipulated as predelinquency in its concept. I'll leave abstract discussion on the concept of pre-delinquency to the scholars and judges. I also tried to clarify, from a variety of data, whether or not difference between pre-delinquent and a similar concept of "misdemeanor juvenile" (Furyo-koi Shonen) devised by the police was obvious enough. I learned: If a misdemeanor juvenile has committed any one of such behaviors as runaway from home, drug addiction, violence and fight, he is probably considered to be a pre-delinquent. And when the misdemeanor juvenile under the police guidance is regarded as having rehabilitated himself, he is not probably refferred to the Family Court as a pre-delinquent. (It is obvious that the police decides whether the juveniles are pre-delinquents or not.) The exsisting Juvenile Law has inadequacies regarding pre-delinquency. The followings will exemplify the exhibited problems; 1. Many pre-delinquents are sent to the Family Court escorted by the police (The police actually takes charge of them and escort them to the Family Court on the pretext that they go together voluntarily). 2. The pre-delinquents are referred to the Detention House in so many cases. This comes because some judges decide by themselves without hearing the research secretary (of the family court)' opinions. 3. Police officers often want to visit the juveniles confined in the Detention House for the purpose of information-gathering. 4. Further, there is no legal controle when the police try to find pre-delinquents. There is no legal basis when the police guide the pre-delinquents and misdemeanor juveniles, either. Something must be done immediately to cope with these circumstances from the view point of juveniles' (fundamental) human rights.