Discovered in news common tests!What are the legal responsibilities for "cheating", "spoofing", and misconduct in entrance examinations?
Examiners to take university enrollment common tests (January 2022, current affairs)
In a common test in the university enrollment in January, it was reported that a female college student appeared in the police saying that she was trying to cheat.If cheats such as cheats are discovered, all subjects you take will be scored 0 points, and you may not be able to take the exam for a certain period of time, but you may also be responsible for legal responsibility.We asked Kazuo Makino, a lawyer of Shiba Sogo Law Office, about the legal issues over the entrance examination.[Photo] Climb the wall and cheat paper ... wrongdoing conducted in the Indian school exam
Possibility of imprisonment
Q.What kind of sins may be charged if the students take cheated paper or steal other people's answers in the entrance exam? Makino: "The act of cheating in the exam will deceive the examiners and organizers, so fraud is likely to be established, but the fraud is" deceived by people and deprived the property and property profits. It will be established in case. Cheating and scoring a good score will not take away the property and property profits, so there will be no fraud. In this case, theft is likely to be established, but theft crimes will not be established unless otherwise the property of others. The "answer of other examinees" is not a "property", so theft is not established. Cheating acts have hindered the test supervision and entrance examination work due to the misconception of the answer, so it is a fake work obstruction (deceived the other person, hindered the work of others, imprisoned in 3 years or more. A fine of 10,000 yen or less) may be established. Specifically, a cheating incident using a mobile phone occurs in the entrance examination of Kyoto University in 2011, and an investigation was conducted on charges of a fake business obstruction. It was. In addition, cheating acts are "those who have hindered this by mischief for others' operations" (Light Crime Law No. 31), and costs (1,000 yen or more) or 10,000 yen or more. There is a possibility that it will be prescribed in less than). As in this common test, the act of leaking the problem and trying to get an answer became chicken acts (to interfere with fair testing), and mentioned earlier. There is a possibility that a fake work interference may be established. "Q.Is there a possibility that cheating will be charged with civil responsibilities?Makino "Whether it is possible to prove the occurrence of damages caused by the infringement of rights (mental damage) and its causal relationships, but increase the number of supervisors in the test after cheating.Even if you set up a committee or are forced to respond, it would be difficult to claim an alimony if there was no additional expense on the university side.If the exam is redoed by cheating, the university may be able to claim damages from the university because the university will cause additional expenses. ".If the examinee who was suspected of cheating was found to be "innocent", would the candidate claim to the university or claim an alimony?Makino: "If the students have passed and the passing is canceled due to suspicion of cheating, if they find out that they are" innocent, "if they are forced to claim the successful person, forced a ronin.May be claimed for damages caused by the ronin, and even mental damage (alimony) claims. "Q..Is there a possibility that the teaching side would be charged if there was someone who gave an answer to other students?Mr. Makino: "If you know the circumstances of cheating, you may be able to associate or be assisted with fake work operations or minor crime.However, at the time of the answer, there was no recognition of a common test, and it was deceived, so it would be difficult to be convicted. ".In the past, there were cases in which a replacement ball was taken (spoofing).Please tell us the legal responsibilities when the replacement ball is discovered.Makino "When an organizational replacement ball test was held in the 1991 Meiji University entrance examination, a non -examiner created (counterfeit) using the name of the test taker and remained as it was.He was convicted of submitting (exercise) an answer (exercise), and was found guilty of the falsification and exercise of the sealed private document. In addition, if a large -scale and organized replacement ball was taken and the exam was redoed, the university side.Due to additional expenses, etc., you may be charged for compensation for damages. "
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