| Project/Area Number |
15330015
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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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 | Kyoto University (2004-2005)
Sophia University (2003) |
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Principal Investigator |
SAKAMAKI Tadashi Kyoto Univ., Faculty of Law, Professor of Law, 大学院法学研究科, 教授 (50143350)
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| Co-Investigator(Kenkyū-buntansha) |
INOUYE Masahito Tokyo Univ., Faculty of Law, Professor of Law, 大学院法学政治学研究科, 教授 (30009831)
NAGANUMA Noriyoshi Sophia Univ., Faculty of Law, Professor of Law, 法科大学院, 教授 (40164454)
KAWAIDE Toshihiro Tokyo Univ., Faculty of Law, Professor of Law, 大学院法学政治学研究科, 教授 (80214592)
OSAWA Yutaka Nagoya Univ., Faculty of Law, Professor of Law, 大学院法学研究科, 教授 (60194130)
TANAKA Hiraku Hosei Univ., Faculty of Law, Professor of Law, 法学部, 教授 (10188328)
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| Project Period (FY) |
2003 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥11,000,000 (Direct Cost: ¥11,000,000)
Fiscal Year 2005: ¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 2004: ¥5,000,000 (Direct Cost: ¥5,000,000)
Fiscal Year 2003: ¥4,000,000 (Direct Cost: ¥4,000,000)
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| Keywords | Computer Crimes / Cyber Crimes / European Convention on Cybercrimes / Search and Seizure / Request for Data Conservation / Tangible Data Carrier / 検証 / 記録命令付き差押え |
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| Research Abstract |
1.The end results of this research project are as follows ;
(1)Finding out and analyzing the procedural law issues relating to the present and the new various investigative measures against computercrimes and so-called cybercrimes, in comparative perspective (including analytical studies on the European Convention on Cybercrimes ).
(2)Based on the theoretical and the comparative analysis, having proposed the fundamental legal principles and the new legislative models on the particular investigative measures that could be introduced into the Japanese criminal investigation procedure.
2.Some members of this research project have participated in and have dedicated to the discussions at the Criminal Law Subcommittee of the Legislative Council at the Japanese Ministry of Justice, that has presented new legislation proposals as the domestic legislation for the acceptance of the European Convention on Cybercrimes including investigative measures against cybercrimes.
3.The particular procedural law issues analyzed are as follows ;
(1)The transferability of the new compulsory measures for seizing computer data itself directly rather than the tangible objects carrying electromagnetic data, based on the examination of theoretical consistency with the present system of the compulsory measures in Japanese criminal investigation process.
(2)The theoretical and practical possibility of new investigative measures to order a person to submit computer data in his possession or control and retain those data.
(3)So-called data conservation order that enable the investigative authorities to order the expeditious preservation of specified computer data, including traffic data, which have been stored by means of a computer system.
(4)So-called remote access investigation responding to computer network systems, that enable the investigative authorities to gain access to a remote computer electronically connected to the computer to be examined.
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