| Project/Area Number |
24530075
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Waseda University |
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Principal Investigator |
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| Co-Investigator(Kenkyū-buntansha) |
YOSHINAKA Nobuhito 広島大学, 社会(科)学研究科, 教授 (60284147)
TAGAWA Yasuhiro 愛媛大学, 法文学部, 准教授 (80611178)
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Project Status |
Completed (Fiscal Year 2014)
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| Budget Amount *help |
¥3,640,000 (Direct Cost: ¥2,800,000、Indirect Cost: ¥840,000)
Fiscal Year 2014: ¥390,000 (Direct Cost: ¥300,000、Indirect Cost: ¥90,000)
Fiscal Year 2013: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2012: ¥2,080,000 (Direct Cost: ¥1,600,000、Indirect Cost: ¥480,000)
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| Keywords | イタリア刑法 / デンマーク刑法 / ノルウェー刑法 / 統一的正犯概念 / 刑法 / 共犯 / 北欧刑法 |
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| Outline of Final Research Achievements |
Under the Japanese criminal code, penalties for criminal acts involving multiple persons are determind by identifying the form of involvement of each offender (the Complicity System), but in the court practice, most of them are punished as principles. According to this, Japanese criminal court practice can be observed as actually not obeying the Complicity System, but the Monistic System. Therefore, we studied Danish, Norwegian and Italian criminal code, which legislatively adopted the Monistic System. Even though there are various criticisms against the Monistic System, according to our study on the criminal theories of these 3 countries, it is founded that all of the difficult issues surrounding the Complicity System can be resolved, where the Monistic System is adopted. Here can be said that the Japanese valid law of the penalties for criminal acts involving multiple persons should be properly explained by the Monistic System.
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