The criminal control on accidents at sea

• Project/Area Number: 24530072
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Criminal law
• Research Institution: Hiroshima University
• Principal Investigator: Hiyama Emi 広島大学, 法務研究科, 准教授 (80559229)
• Project Period (FY): 2012-04-01 – 2016-03-31
• Project Status: Completed (Fiscal Year 2015)
• Budget Amount: ¥2,080,000 (Direct Cost: ¥1,600,000、Indirect Cost: ¥480,000); Fiscal Year 2014: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000); Fiscal Year 2013: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000); Fiscal Year 2012: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
• Keywords: 海上交通事故 / 刑事過失 / 海上交通

Outline of Final Research Achievements

This study made clear that criminal negligence dose not function well as the rule of conducts for keeping “safety zone” at sea, because the courts have taken same framework of judging the crime of endangering traffic through negligence as that of the crime of causing death or injury through negligence. And this study classified cases that ships which made danger of collision are imposed duty of preventing collision, and clarified the reason of imposing such duty.