A critical study on the modern significance of enhanced penalty for recidivism

Research Project

Project/Area Number	25780043
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Multi-year Fund
Research Field	Criminal law
Research Institution	Yamagata University
Principal Investigator	NISHIOKA Masaki 山形大学, 人文学部, 准教授 (40451504)
Project Period (FY)	2013-04-01 – 2016-03-31
Project Status	Completed (Fiscal Year 2015)
Budget Amount *help	¥1,820,000 (Direct Cost: ¥1,400,000、Indirect Cost: ¥420,000) Fiscal Year 2015: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000) Fiscal Year 2014: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000) Fiscal Year 2013: ¥520,000 (Direct Cost: ¥400,000、Indirect Cost: ¥120,000)
Keywords	刑法 / 責任概念 / 責任主義の原則 / 累犯加重
Outline of Final Research Achievements	This study is a critical investigation of enhanced penalty for recidivism in Japanese criminal law. Although a variety of views on enhanced penalty for recidivism have been advocated so far in Japan, there seems to be no persuasive argument has been given for establishing it. On the other hand, the Federal Republic of Germany and the Swiss Confederation have already revoked the corresponding provisions. Through a comparative study of law in Japan and Germany/Switzerland, it is shown that enhanced penalty for recidivism cannot be theoretically justified.

Report

(4 results)