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お前(法務大臣)は、既にロボットなのだ

 次のような報道があった。 

 鳩山邦夫法相は25日の閣議後会見で、死刑執行に関して「法務大臣が絡まなくても自動的に(執行が)進むような方法を考えたらどうかと思うことがある」と述べ、死刑執行に必要な法相のサインがなくても自動的に執行が行われるようなシステムをつくるべきとする考えを明らかにした。(『産経新聞』2007.9.25.)

 誠に奇妙な主張である。
 もう既に、法務大臣は自動ロボットなのである。「自動的に執行が行われる」「システム」なのだ。
 法務大臣には何の自由も無い。刑事訴訟法で「6箇月以内にこれをしなければならない」と決められているのだから。
 法務大臣機関説である。
 法務大臣ロボット説である。

                      諸野脇@ネット哲学者


● 「法務大臣に責任をおっかぶせない死刑執行を」鳩山法相
 (9月25日12時19分配信 産経新聞)

 鳩山邦夫法相は25日の閣議後会見で、死刑執行に関して「法務大臣が絡まなくても自動的に(執行が)進むような方法を考えたらどうかと思うことがある」と述べ、死刑執行に必要な法相のサインがなくても自動的に執行が行われるようなシステムをつくるべきとする考えを明らかにした。問題提起としたうえの発言で、法務省に検討は命じていないという。

 死刑執行については、刑事訴訟法475条で「法務大臣の命令による」と規定。さらに同法475条第2項は、執行は死刑判決の確定後6カ月以内に行わなければならないと定めているものの、実際は確定から執行まで数年かかるのが通例となっている。

 鳩山法相は法律の規定と死刑執行の現状との乖離(かいり)を指摘したうえで、「法務大臣に責任をおっかぶせるような形ではなく、半年以内に死刑執行されなければならないと自動的に進むような方法がないのかなと思う」と述べた。

  http://headlines.yahoo.co.jp/hl?a=20070925-00000907-san-soci


● 刑事訴訟法

第475条 死刑の執行は、法務大臣の命令による。

2 前項の命令は、判決確定の日から6箇月以内にこれをしなければならない。但し、上訴権回復若しくは再審の請求、非常上告又は恩赦の出願若しくは申出がされその手続が終了するまでの期間及び共同被告人であつた者に対する判決が確定するまでの期間は、これをその期間に算入しない。

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