| 翻訳と辞書 |
incitement
Incitement was an offence under the common law of England and Wales. It was an inchoate offence.〔Jefferson, Michael. Criminal Law. Eighth Edition. Pearson Education. 2007. (Page 388 )〕 It consisted of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime.
It was abolished in England and Wales on 1 October 2008〔(Serious Crime Act 2007 (Commencement No. 3) Order 2008 )〕 when Part 2 of the Serious Crime Act 2007 came into force, replacing it with three new statutory offences of encouraging or assisting crime.〔(Serious Crime Act 2007 ) Part 2〕 The common law is now only relevant to offences committed before that date.〔''ibid.'' Sch. 13〕
Incitement remains an offence in New Zealand.〔http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM328506.html〕
==Relationship with other offences==
The rationale of incitement matches the general justification underpinning the other inchoate offences of conspiracy and attempt by allowing the police to intervene before a criminal act is completed and the harm or injury is actually caused. There is considerable overlap, particularly where two or more individuals are involved in criminal activity. The plan to commit crime may exist only in the mind of one person until others are incited to join in, at which point the social danger becomes more real. The offence overlaps the offences of counselling or procuring as an accessory. Indeed, in the early case of ''R v Higgins''〔R v Higgins (1801) 2 East 5, (1801) 102 ER (269 )〕 incitement was defined as being committed when one person counsels, procures or commands another to commit a crime, whether that person commits the crime. The words, "counsel" and "procure" were later adopted in section 8 of the Accessories and Abettors Act 1861 as two of the four forms of accessory. In ''AG’s Reference (No. 1 of 1975)'',〔Attorney General's Reference (No 1 of 1975) () QB 773, () 3 WLR 11, () 2 All ER 684, 61 Cr App R 118, CA〕 Widgery CJ said:
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「incitement」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|