日本通说承认客观的处罚条件这一概念,认为其属于无关犯罪成立与否的情况。但是,这切断了犯罪与刑罚要件及其效果之间的联系,有违“犯罪是可罚的行为”这一定义。而且,这种将犯罪从刑罚考量中割离出去的做法,有导致犯罪论的形骸化之虞。事实上,作为发生可罚性程度之危险的介入情况,客观的处罚条件理应还原至作为可罚的违法类型的构成要件要素。应该认为,行为人的行为与客观的处罚条件之间的相互联动,由此而导致了法律所应防止的可罚性违法事态的发生。基于这种理解,在行为当时,必须存在将来发生客观的处罚条件的可能性、行为与客观的处罚条件之间的相互联动提高了危险性、对将来发生客观的处罚条件具有预见性。据此,偶然责任得以排除,从而担保了责任主义。 Japan passed said the concept of recognition of objective conditions of punishment, that it belongs to the case of non-related crimes set up or not. However, this cut off the link between the elements of crime and punishment and their effects, contrary to the definition of “criminal acts that are punishable”. Moreover, this practice of separating crime from criminal considerations leads to the danger of the criminalization of the crime. In fact, as an intervention involving the danger of a degree of punitive excuse, objective conditions of punishment should be reverted to the elements of an element of an element of a punishable offense. It should be considered that the interaction between the actor’s behavior and the objective conditions of punishment leads to the occurrence of punishable violations committed by law. Based on this understanding, at the time of the act, there must be the possibility of objective punishment conditions in the future. The interoperability between the act and the objective punishment conditions raised the danger and forecasted the objective punishment conditions in the future. Accordingly, accidental liability can be excluded, thus ensuring the responsibility.