| Project/Area Number |
16530041
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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 | University of Tokyo |
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Principal Investigator |
INOUYE Masahito University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院法学政治学研究科, 教授 (30009831)
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| Co-Investigator(Kenkyū-buntansha) |
KAWAIDE Toshihiro University of Tokyo, Graduate Schools for Law and Politics, Professor, 教授 (80214592)
SASAKURA Hiroki Chiba University, Faculty of Law and Economics, Associate Professor, 法経学部, 助教授 (00313057)
INOUYE Kazuharu Hosei University, Faculty of Law, Associate Professor, 法学部, 助教授 (20345250)
大西 紘人 東京大学, 大学院・法学政治学研究科, 助手 (40345252)
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| Project Period (FY) |
2004 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥3,300,000 (Direct Cost: ¥3,300,000)
Fiscal Year 2005: ¥1,400,000 (Direct Cost: ¥1,400,000)
Fiscal Year 2004: ¥1,900,000 (Direct Cost: ¥1,900,000)
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| Keywords | right to silence / privilege against self-incrimination / adverse inference / indemnity / immunity / administrative investigation / 自己負罪拒否特権 |
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| Research Abstract |
While the privilege against self-incrimination is the highly esteemed fundamental right of the individual in the constitutional law as well as in the law of criminal procedure, its reason d'etre or scope has not yet been sufficiently clarified to gain common understanding. This research is intended to examine the reason d'etre of the privilege, by thinking back into its historical developments as well as comparatively and theoretically analyzing the discussions about it in Japan and several other countries, so that we could lead to the clarification and solution of the various interpretive and legislative problems involving the privilege-related issues. For that purpose, in 2004 we collected a wide range of literatures and materials regarding the laws of several foreign countries (especially the United States, England, Germany and France) and the problems involved in them. We also looked back thoroughly into the historical developments of the privilege on the basis of the results of the latest overseas studies. Thereupon we had a series of meetings in which we discussed intensively on the subject to extract and ascertain the points of issue onto which we should concentrate our further studies. In 2005, while continuing these activities, each investigator is engaged separately or collaboratively in the theoretical analysis into those points of issue in order to search for their solution with considerable success. The fruits of these works have reflected onto the books and law journal articles published by each investigator. Although the research is still far from completion and we have a long way to go, we are confident that this way must lead to the complete and comprehensive clarification of the subject area as a whole if we continue and accumulate the solid sober studies.
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