| Project/Area Number |
12620073
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | DOSHISHA UNIVERSITY |
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Principal Investigator |
SEGAWA Akira Doshisha University, Faculty of Law, Professor, 法学部, 教授 (00104604)
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| Co-Investigator(Kenkyū-buntansha) |
KAWAMOTO Tetsuro Kyoto Gakuen University, Faculty of Law, Professor, 法学部, 教授 (60224862)
OKUMURA Masao Doshisha Women' s College of Liberal Arts, Faculty of Contemporary Social Studies, Professor, 現代社会学部, 教授 (30265532)
KAWASAKI Tomomi Doshisha University, Faculty of Law, Assistant Professor, 法学部, 助教授 (80309070)
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| Project Period (FY) |
2000 – 2001
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| Project Status |
Completed (Fiscal Year 2001)
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| Budget Amount *help |
¥2,100,000 (Direct Cost: ¥2,100,000)
Fiscal Year 2001: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2000: ¥1,400,000 (Direct Cost: ¥1,400,000)
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| Keywords | financial crime / economic crime |
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| Research Abstract |
We have researched on financial and economic criminal law. Our research provides financial or economic criminal defense attorneys, prosecutors, judges and academics with a guide to this constantly evolving field. In this research, we place great stress on corporate criminal liability (part 1) and elements of financial offenses (part 2). Both themes are very important.
In present criminal law system, there is a lot of problems for corporate criminal liability. One of the most important is that we have no consideration of organizational characters of corporations. At this system, a corporation can' t be held criminally liable, when there is no individual whose act and mind can attribute to corporation. The bigger organization will be, the more difficult corporation can be made liable. So, we must introduce organizational theory. This theory have been developing in the U. S.. Part 1 will address compliance program model that one of the major organizational theories in the U. S..
On the other hand, we have researched on elements of financial offences. Daiwa bank case will give us many lessons. In this case many statutes are broad and frequently used to prosecute financial criminals. Present financial criminal law is insufficient to deter violators in Japan. We must reform present financial criminal law system. Part 2 will discuss what and how we must reform the financial criminal law.
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