Arson

This is an offense established when a person sets a fire and burns a structure, train, streetcar, automobile, vessel, aircraft, or underground mining facility that is used by people for residence or in which people are present.

Where this causes injury to or the death of a person, the offender is subject to aggravated punishment.

This offense is established when a person sets fire to and burns a structure used for public purposes or for the public interest, or a train, streetcar, automobile, vessel, aircraft, or underground mining facility.

This offense is established when a person sets fire to and burns a structure, train, streetcar, automobile, vessel, aircraft, or underground mining facility other than those described under arson of an inhabited structure and arson of a public structure.

In addition, even where a person sets fire to a general structure owned by themselves, they may be punished for arson of a general structure if doing so creates a public danger.

This offense is established when a person sets fire to and burns an object other than those described under arson of an inhabited structure, arson of a public structure, and arson of a general structure, thereby creating a public danger.

For this offense as well, even where a person sets fire to a general structure owned by themselves, they may be punished for arson of a general object.

▷ Arson of an Inhabited Structure, etc.

▷ Arson of a Public Structure, etc.

▷ Arson of a General Structure, etc.

▷ Arson of a General Object

▷ Obstruction of Fire Extinguishing

What is obstruction of fire extinguishing?

General Criteria

Arson of an Inhabited Structure, etc. Causing Injury/Death

To determine whether arson is established, it is first necessary to clearly distinguish whether the act was intentional arson or a negligent fire caused by fault.

Objective materials related to the case should be gathered, and the cause of the fire and the surrounding circumstances before and after should be examined closely.

It is also necessary to specifically confirm the scope of the property damage and loss of life resulting from the fire in order to accurately organize the facts.

Centering on the point that there was no intent to commit arson, it may be argued that the fire was caused by negligence.

In particular, it is important to prove that there was no fact of intentionally obstructing fire extinguishing activities, or, even if there was an act of obstruction, to emphasize that intent was lacking.

In addition, factors that may be considered in sentencing, such as efforts to recover the damage, the motive for the offense, and an attitude of reflection, should be organized so that the defense strategy is constructed in a direction that increases the possibility of leniency.

At the investigation stage, maintaining consistency between the contents of the written statement and one's testimony is important.

Unfavorable confessions or statements based on conjecture should be avoided, and the investigating authority's questioning should be handled with care.

At the trial stage, the absence of intent and grounds for consideration should be argued systematically on the basis of the evidence secured earlier, and testimony in court should also proceed calmly in accordance with the prepared content.

Tip)

Property damage or loss of life resulting from arson may be subject to a civil claim for damages, separately from criminal punishment.

To respond to a claim for damages filed by the victim, it is necessary to prepare materials that can objectively prove the cause of the fire, the presence or absence of liability, and the scale of the damage.

In addition, efforts to settle with the victim, the presentation of a compensation plan, and whether the matter is handled through insurance also act as important considerations, so they need to be examined thoroughly in advance.