A research about the privilege against self-incrimination in new investigations in criminal procedure
| Project/Area Number |
25780049
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Criminal law
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| Research Institution | Osaka City University |
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Principal Investigator |
MATSUKURA Haruyo 大阪市立大学, 大学院法学研究科, 准教授 (70637529)
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| Project Period (FY) |
2013-04-01 – 2017-03-31
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| Project Status |
Completed (Fiscal Year 2016)
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| Budget Amount *help |
¥2,210,000 (Direct Cost: ¥1,700,000、Indirect Cost: ¥510,000)
Fiscal Year 2015: ¥520,000 (Direct Cost: ¥400,000、Indirect Cost: ¥120,000)
Fiscal Year 2014: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2013: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
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| Keywords | 供述拒否権 / 黙秘権 / nemo tenetur原則 / 告知 / 被疑者概念 / Nemo tenetur原則 / 自己負罪拒否特権 / nemo tenetur |
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| Outline of Final Research Achievements |
In new investigations, especially the undercover operation, it is a problem that the investigator does not inform the suspect or target of his or her right to remain silent, because the investigator need to hide his or her identity during the undercover operation. The following point was manifested in this research; it schould be decided on the basis of the demands of law that the suspect or target need to be protected from self-incrimination when to need to inform the suspect or target of his or her right to remain silent. Therefore, when a suspicious character(Juuyou-Sankounin) is under investigation, the investigator need to inform him or her of the right to remain silent.
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Report
(5 results)
Research Products
(11 results)
