Reconsider on the Appellate Review on Fact-Finding in Criminal Procedure

Research Project

Project/Area Number	24653017
Research Category	Grant-in-Aid for Challenging Exploratory Research
Allocation Type	Multi-year Fund
Research Field	Criminal law
Research Institution	Kyoto University
Principal Investigator	SAKAMAKI Tadashi 京都大学, 法学(政治学)研究科(研究院), 教授 (50143350)
Project Period (FY)	2012-04-01 – 2015-03-31
Project Status	Completed (Fiscal Year 2014)
Budget Amount *help	¥3,640,000 (Direct Cost: ¥2,800,000、Indirect Cost: ¥840,000) Fiscal Year 2014: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000) Fiscal Year 2013: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000) Fiscal Year 2012: ¥1,820,000 (Direct Cost: ¥1,400,000、Indirect Cost: ¥420,000)
Keywords	刑事訴訟法 / 上訴 / 事実誤認 / 論理則･経験則 / 直接主義 / 裁判員制度 / 控訴審 / 直接主義･口頭主義 / 刑事上訴審 / 控訴 / 裁判員裁判
Outline of Final Research Achievements	This research project was planed to reconsider the practice of the appellate review on fact-finding of the trial court in Japanese Criminal Justice System. As the result,this research has proposed the clear and convincing review method,that has been originately built in the Japanese Criminal Procedure Law itself. The research products including legal articles publicized during the research term have successfully proposed the firm theoretical grounds for the continuing activity of the Japanese Supreme Court deciding on this issue.

Report

(4 results)