Policies Underlying Double Jeopardy-Reconstructing Japanese Double Jeopardy-(1)

Research Project

Project/Area Number	23730063
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Multi-year Fund
Research Field	Criminal law
Research Institution	Nagoya University
Principal Investigator	KOJIMA Jun 名古屋大学, 大学院法学(政治学)研究科(研究院), 准教授 (80318716)
Project Period (FY)	2011-04-28 – 2015-03-31
Project Status	Completed (Fiscal Year 2014)
Budget Amount *help	¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000) Fiscal Year 2013: ¥520,000 (Direct Cost: ¥400,000、Indirect Cost: ¥120,000) Fiscal Year 2012: ¥520,000 (Direct Cost: ¥400,000、Indirect Cost: ¥120,000) Fiscal Year 2011: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Keywords	刑事訴訟法 / 裁判の効力 / 二重の危険 / 刑事法学
Outline of Final Research Achievements	I conducted research―mainly through collecting, reading materials―on policies underlying American rule against double jeopardy and German rule against multiple punishment for the same act. In addition ― partially utilizing what I had learned through research mentioned above ― I published two articles concerning Japanese double jeopardy（or ne bis in idem）. One article focuses on selective prosecution and conviction/acquittal thereof as first jeopardy to later prosecution of the part of the same offense that was not selected（included）in the former prosecution. The other deals with the argument of amending Article 340 of Japanese Code of Criminal Procedure in order to modify present investigation, and to break away from inappropriately relying on use of documents in criminal procedure.