The graffiti on the Liberal Democratic Party's poster has sparked public debate in Japan
On February 4, a city councilor from Osaka posted that: on a street poster of the Liberal Democratic Party titled "Making the Japanese Archipelago Strong and Prosperous," the Prime Minister's face was sprayed with black paint.
The poster is not a personal campaign poster of Takahashi, but a poster as the chairman of the Liberal Democratic Party.
As the House of Representatives election reaches its climax, what legal charges would be brought against acts of vandalism or destruction of political and election-related posters?
Lawyer Yasui Yasuo stated that such acts involve the "property damage offense" under the Japanese Criminal Code and the "offense of hindering electoral freedom" under the Election Law.
According to Article 261 of the Japanese Criminal Code, this is a property damage offense. The penalty can be up to three years in prison or a maximum fine of 300,000 yen.
However, if it is a poster related to the election, it may be charged with violating the Public Offices Election Act.
Article 225 of the Public Offices Election Act stipulates the "offense of hindering electoral freedom." Acts such as tearing down election posters or graffiti are considered "destroying documents and pictures" under Article 2.
Since the Criminal Code is a general law and the Public Offices Election Act is a special law, the special law takes precedence in principle.
Depending on the specific circumstances, the "offense of hindering electoral freedom" under the special law, the Public Offices Election Act, may carry a heavier punishment and could be classified as a serious crime.
The punishment for "hindering electoral freedom" can be up to four years in prison or a maximum fine of 1,000,000 yen, and is not considered a minor offense.
Original article: toutiao.com/article/1856186578428938/
Statement: This article represents the views of the author himself.