- I got arrested and detained at Shitaya Police Station of Metropolitan Police Department on charge of a series of arson attack on bicycles and motorcycles…
- I burned down my house and neighbor’s through careless handling of cigarette’s fire. I am investigated on suspicion of causing a fire by negligence by Itabashi Police Station of Metropolitan Police Department…
1. Case of Arson and Fire Caused through Negligence
Arson and fire caused through negligence are the crime that burns out the buildings and property byfire power. The Penal Code prescribes arson of inhabited buildings, arson of uninhabited buildings, arson of self-owned uninhabited buildings, setting fire to objects other than structures, setting fire to self-owned objects other than structures, spread of fire to buildings, spread of fire to objects other
than structures, preparation of arson, obstruction to fire fighting, fire caused through negligence in the pursuit of social activities, fire caused through gross negligence, detonating of explosive and detonating of explosive through negligence, detonating of explosive in the pursuit of social activities, detonating of explosive through gross negligence, leakage of gas and leakage of gas causing death or injury.
The statutory penalty of arson of inhabited buildings is the death penalty or imprisonment with work for life or for a definite term of not less than 5 years. (Article 108 of the Penal Code)
The statutory penalty of arson of uninhabited buildings is imprisonment with work for a definite term of not less than 2 years. (Article 109 of the Penal Code)
The statutory penalty of setting fire to objects other than structures is imprisonment with work for a definite term of not less than 1 year not more than 10 years. (Article 110(1) of the Penal Code)
However, when the object belongs to the offender, imprisonment with work for not more than 1 year or a fine of not more than 100,000 yen shall be imposed.
The statutory penalty of fire caused through negligence is a fine of not more than 500,000 yen. (Article 116 (1) of the Penal Code)
2. Arson
“Arson” means the act of causing burning of an object, or the act of encouraging to burn the object.
Not only actively setting fire to an object or an intermedium but also the act of encouraging and increasing the force of fire that has already taken such as the act of pouring oil into a part where fire has already set could be “arson”.
Arson is categorized into the most serious crime among the crimes prescribed in the Penal Code. Especially, the statutory penalty of arson of inhabited buildings, which is the death penalty or imprisonment with work for life or for a definite term of not less than 5 years, is heavy.
3. Fire Caused through Negligence
The crime of fire caused through negligence is to cause a fire through negligence and thereby burn the inhabited buildings (Article 116 (1) of the Penal Code), or to cause a fire through negligence and thereby burn any of the person’s own uninhabited buildings (Article 116 (2) of the Penal Code). The statutory penalty of fire caused through negligence is a fine not exceeding 500,000 yen.
“Cause a fire through negligence” means to make fire to break out by negligence.
~Points of Defense Activities in Case of Arson and Fire Caused through Negligence~
1. When Got Arrested in Case of Arson and Fire Caused through Negligence
When you got arrested in case of arson and fire caused through negligence, please consult with a lawyer as soon as possible. If he/she admits fire caused through negligence, the suspect could be released soon after his/her arrest. However, in serious cases such as arson of inhabited buildings, body restraint could be extended for a long term following arrest, detention and extension of detention. Moreover, when various arson cases other than the case that he/she was charged with occurred and he/she is suspected to have involved in those cases, it is undeniable that the suspect would get rearrested in accordance with the circumstances of the interrogation and investigation.
If he/she appoints a lawyer immediately after his/her arrest in case of arson and fire caused through negligence, the lawyer will go to have an interview with the suspect and give advices on how to deal with interrogation by the police and public prosecutor. The lawyer also heads toward early release by persuasively claiming that the suspect may not destroy/conceal evidence nor flee stating that he/she has a steady job and a guarantee has a supervision over him/her.
2. Offer Apology, Give Compensation, and Conduct Negotiation
In case of arson and fire caused through negligence, offering apology to the victim, giving compensation and conducting the out-of-court settlement negotiation leads to the early settlement of the case. For example, when the fire damage is petty, the suspect could be released or the public prosecutor decide not to prosecute him/her if he/she paid compensation to the victim and the victim condoned what he/she had committed. If the victim report has not been filed yet, it is possible to prevent the police from involving in the case.
If the public prosecutor decides not to prosecute in case of arson and fire caused through negligence, the case will not lead to criminal cases nor will the suspect have any criminal records. It is possible to aim at getting back to society early by appointing a lawyer from the investigation stage.
3. Claim of Mitigating Circumstances
When prosecuted in case of arson and fire caused through negligence, there is a possibility of the lay-judge trial (saibanin saiban in Japanese) in accordance with the type of arson. In trial of arson and fire caused through negligence, the appropriate punishment is to be determined considering the motive of arson and fire caused through negligence, manner of the crime, the significance of consequences, having or not having criminal record, whether the accused has paid compensation to the victim, and various circumstances. The lawyer moves forward the reduction of punishment or gain of suspended sentence by actively arguing for the circumstances in favor for the accused.
Lawyers of AICHI Criminal Cases Law Firm who have rich experience in case of arson and fire caused through negligence give the best advice. Lawyers specializing in criminal and juvenile cases personally provide with “free consultation”. When the suspect got arrested, we also provide for “the first interview service” that at the shortest on the day, our lawyers go where the suspect is to have an interview.
