| Project/Area Number |
07302006
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (A)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 総合 |
|---|
| Research Field |
Criminal law
|
|---|
| Research Institution | University of Tokyo |
|---|
Principal Investigator |
INOUYE Masahito University of Tokyo, Faculty of Law, Professor, 大学院・法学政治学研究科, 教授 (30009831)
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
SATO Takayuki Yokohama National University, Faculty of Economics, Associate Professor, 経済学部, 助教授 (30242069)
OSAWA Yutaka Nagoya University, Faculty of Law, Associate Professor, 法学部, 助教授 (60194130)
SAKAMAKI Tadashi Kobe University, Faculty of Law, Professor, 法学部, 教授 (50143350)
NAGANUMA Noriyoshi Seikei University, Faculty of Law, Professor, 法学部, 教授 (40164454)
TANAKA Hiraku Hosei University, Faculty of Law, Professor, 法学部, 教授 (10188328)
|
|---|
| Project Period (FY) |
1995 – 1996
|
| Project Status |
Completed (Fiscal Year 1996)
|
| Budget Amount *help |
¥9,000,000 (Direct Cost: ¥9,000,000)
Fiscal Year 1996: ¥3,800,000 (Direct Cost: ¥3,800,000)
Fiscal Year 1995: ¥5,200,000 (Direct Cost: ¥5,200,000)
|
|---|
| Keywords | Warrant Requirements / Search and Seizure / Interception of Communications / Witness Immunity / Sting Operation / 捜査 / 立証 / 盗聴 |
|---|
| Research Abstract |
Japan has been experiencing a big change in crime situation as the results of rapid scientific, technical developments and highly information-oriented as well as internationalized society those developments have brought about. Especially, organized crime has become diversified, wide-ranged or internationalized, and mechanized. Making use of the highly developed communication system, it has become easier for criminal oraganization to commit crimes with less risk of detection by the law enforcement authorities. There have been many proposals for various coutermeasures against these trends, including the interception of wire and oral communications, the sting operation, and the witness immunity. In this research project, the researchers have examined the possible constitutional and statutory issues associated with those measures through the comparative and theroretical analises, and gained a prospect for the desirable resolution of the problems (PRODUCTS OF RESEARCH Nos.1-6). The basic theoretical framework the researchers have built regarding the constitutional warrant requirements has proved of great use in resolving many legal issues in the conventional Search and seizure (PRODUCTS OF RESEARCH Nos.7-12).
The findings of the research have been presented and focused the spotlight of attention at the 74th, 75th, and 76th annual conferences of the Criminal Law Society of Japan on May 25,1996, May 24,1997 and May 23,1998. The researchers believe the research also has made a constructive contribution to the recent discussion on anti-organized crime legislation.
|
