| Project/Area Number |
15530051
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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 | Gakushuuin University |
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Principal Investigator |
SHIBAHARA Kuniji Gakushuin University, Faculty of Law, Professor, 法学部, 教授 (60030615)
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| Project Period (FY) |
2003 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥2,900,000 (Direct Cost: ¥2,900,000)
Fiscal Year 2004: ¥1,400,000 (Direct Cost: ¥1,400,000)
Fiscal Year 2003: ¥1,500,000 (Direct Cost: ¥1,500,000)
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| Keywords | International Convention / UN Convention against Illicit Traffic in Narcotic Drug / Specific Act on Narcotic Drugs / UN Convention against Transnational Organized Crime / Act on the Punishment of Organized Crime / Convention on Combating Foreign Bribery / Convention on Cybercrime / UN Convention against Corruption / 担保刑事法 / 国際組織犯罪防止条約 / 人身取引議定書 / サイバー犯罪条約 / 刑法改正 / OECD贈賄作業部会 / 外国公務員贈賄防止指針 / 国際商取引関連企業行動小委員会 / サイバー犯罪 |
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| Research Abstract |
This research concerns an analysis of the relationship between international conventions in criminal matters and domestic legislation corresponding to them. The UN Convention against Illicit Traffic in Narcotic Drugs, and the Specific Act on Narcotic Drugs stipulate the punishment of money laundering and extensive measures to confiscate illegal assets derived from illicit traffic in narcotic drugs. The UN Convention against Transnational Organized Crime and the Act on the Punishment of Organized Crime extend such measures to other significant offenses. Regarding the punishment of active bribery to foreign public officials, there exists the OECD Convention on Combating Foreign Bribery. In order to ratify this Convention, the Unfair Competition Prevention Act was revised. Concerning the International Convention for the Suppression of the Financing of Terrorism, a new domestic Law was enacted. Regarding cybercrime, there exists the Convention on Cybercrime of the Council of Europe. In this connection a draft Act to revise the Penal Code has been submitted to the Diet. The UN Convention against Corruption was adapted in 2002. This Convention stipulates the measures for a country B, where exist illegal assets stolen by a public official of country A, to confiscate and return them to country A (asset recovery).
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