Master Oficial: Criminología y Sociología Jurídico Penal Facultad de Derecho Universidad de Barcelona IV Bloque Actividades metodológicas y de investigación Effective Deterrence of White-collar Crime under the New “Sanctions Act,” and Reform of Criminal Justice System in Japan (Final version in English) Shigeru Miyao (Simon) 1 Contents List of Figures and Tables ······································································································· 5 Abbreviation ························································································································ 6 Abstract ····························································································································· 8 Prolog ································································································································ 9 Chapter 1: Criminality of the Accidents as White-collar Crime ··························································· 12 Section 1. Introduction ········································································································· 12 Section 2. Origin of “white-collar crime” and the definitions ·························································· 13 1. Sutherland as the origin of white-collar crime ··························································· 13 2. Multiple definitions ····························································································· 14 3. Conception of Friedrichs ····················································································· 16 4. Trust, respectability, and risk of white-collar crime ····················································· 17 Section 3. The tragedy of Buffalo Creek, West Virginia ······························································· 19 Section 4. Explosion of the space shuttle Challenger ·································································· 20 Chapter 2: The disaster of Fukushima #1 Nuclear Power Plant ······················································· 22 Section 1. Introduction ········································································································· 22 Section 2. History of Japan’s nuclear power development ··························································· 23 Section 3. Village of Nuclear Energy in Japan ··········································································· 24 1. The definition of the Village of Nuclear Energy ························································· 25 2. The relations among the Village of Nuclear Energy ··················································· 25 3. Last accident of nuclear power plant ······································································ 26 4. The “Safety myth” of the nuclear power plant ··························································· 26 Section 4. Criminality ·········································································································· 27 1. Willful negligence of TEPCO ················································································ 27 2. Severe accident measures that ignore the international level ······································ 28 3. Specific management structure ingrained in TEPCO ················································· 28 4. Obscuration of the information of the accident ························································· 28 5. Interference of the investigation team at the site ······················································· 28 6. Organizational problem of regulatory authorities ······················································· 29 Section 5. Aftermath ············································································································ 29 1. The other nuclear power stations in Japan ······························································ 29 2. Local problem in Fukushima Prefecture ·································································· 29 3. Prosecution ······································································································ 30 4. Project of electric power industry reform ································································· 31 5. The finances of municipalities where nuclear power plants are located ·························· 31 6. Transition of the power generation to renewable energy sources ································· 31 Chapter 3: Transportation Accidents Worldwide ··········································································· 33 Section 1. Railway accidents ································································································ 33 1. JR West Fukuchiyama Line derailment accident in Japan ··········································· 33 2. Spanish train crashes in Jul. 2013 ········································································· 36 3. The train derailment near Paris in Jul. 2013 ····························································· 38 4. The scandals of JR Hokkaido in Japan ··································································· 40 Section 2. Accidents of Commercial Aircraft ············································································· 41 1. Pilot/crew error and airline problem ······································································· 42 2. Structured problem of aircraft ··············································································· 44 3. ATC problems ··································································································· 45 4. Other causes ···································································································· 45 5. Summary ········································································································· 46 Chapter 4. Pharmaceutical Disasters ························································································ 49 Section 1. The triangle of corruption ······················································································· 49 1. HIV-tainted blood scandal in Japan ······································································· 49 2 2. Hepatitis C caused by Fibrinogen ·········································································· 54 Section 2. Inaction of MHW ··································································································· 57 1. Creutzfeldt-Jakob disease (CJD) due to dried human dura mater ································· 57 2. Subacute myelo-optic neuropathy (SMON) ······························································ 58 3. Thalidomide ······································································································ 61 Section 3. Summary ············································································································ 68 Chapter 5. Consumer Product Accidents ···················································································· 71 Section 1. Mitsubishi Motors Corporation (MMC) ······································································· 71 1. General outline ·································································································· 71 2. The fatal accident in Yokohama ············································································· 72 3. The accident of truck driver fatality in Yamaguchi ······················································ 73 4. Criminal procedures ··························································································· 73 5. Summary ········································································································· 74 Section 2. Disguising the origin of food ·················································································· 77 1. Background ······································································································ 77 2. Legislation ········································································································ 77 3. Typical examples of disguising the origin of food ······················································· 78 4. Punishment ······································································································ 78 5. Summary ········································································································· 80 Chapter 6: Crime of Inspection Agencies ···················································································· 85 Section 1. The Seismic calculations of architects ······································································· 85 1. Outline of the incident ························································································· 85 2. Systemic problems ····························································································· 86 3. Aftermath ········································································································· 87 4. Summary ········································································································· 90 Section 2. Unqualified medical doctors ···················································································· 91 1. Outline of the incidents ························································································ 91 2. Systemic problems ·····························································································