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 White paper on crime 2002 Part 1/Chap.1/Sec.6/2 

2 Trends in the application of the regulation holding a candidate jointly responsible

  Under the partial amendments of the Public Offices Election Law in 1994, the regulation holding a candidate jointly responsible was strengthened as follows: (a) secretaries and organized election campaign managers of a candidate were additionally included in the scope of persons who are subject to the regulation holding a candidate jointly responsible; (b) it became applicable to family members of a candidate, who had conventionally been subject to the regulation, even before the candidate formally stood in an election; (c) it also became applicable even when a candidate was granted suspension of execution of imprisonment with or without labor; and (d) furthermore, a candidate who was punished under the regulation was prohibited from standing as a candidate in the next election.
  Under the strengthened regulation, public prosecutors filed proceedings in 80 cases, requesting the annulment of election results. More specifically, 14 cases were filed for the annulment of election results and prohibition of candidature, and 66 cases were filed only for prohibition of candidature. Of these, the plaintiff won the suit in 76 cases (including cases in which actions were withdrawn due to the lack of benefit of suit) and in one case, the plaintiff lost the suit on the grounds that the defendant candidate had already been judged to be subject to the regulation for a different reason. The other 3 cases are lawsuits pending in courts (as of May 31, 2002).
   Table 1-1-6-3 shows the relationship with candidates of the 120 persons who were subjected to the regulation exercised in 80 lawsuits filed by public prosecutors, by election.

Table 1-1-6-3 State of filed cases of the regulation holding a candidate jointly responsible by the type of election and the persons subject to the regulations in terms of personal status (As of May 31, 2002)

Explanation of terms

The regulation holding a candidate jointly responsible:
"The regulation holding a candidate jointly responsible" refers to the system under which the annulment of election results and the restriction on candidature will arise due to election law violations committed by a person related to a candidate (excluding the candidate himself/herself).