| Budget Amount *help |
¥1,200,000 (Direct Cost: ¥1,200,000)
Fiscal Year 1986: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 1985: ¥800,000 (Direct Cost: ¥800,000)
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| Research Abstract |
About the proceedings at the reopening of the procedure, analysed the state of practices and theories , through mostly observing the trial at the reopening of the procedure (Saishin=Wiederaufnahmeverfahren<G.>=New Trial),what is called the Umeda-case.
The results could be arranged as follows;
1.There is no objection against that the Kisozyo-Ipponsyugi (Jap.) is not applied to the proceedings at the court of the new trial.
2.It is acknowleged that a same court could take charge of both proceedings , the claim-stage and the trial-stage at the reopening of the procedure. And if could not, a court, taking charge of the latter, could peruse the records before the trial reopens.
3.Therefore, all the reocords,that form the basis of ruling the reopening of the procedure,must be produced from the beginning. Following few points should be concidered for the concrete security against it. <1>It shold be to be the obligation to consent to the evidence moved by the other party. <2>All evidence produced by the claimant of the new trial, should be adoped as testimonial impeachments, Art.328 on the Code of Criminal Procedure. <3>Evidence of the claim-stage could be automaticaly operated to be that of the trial-stage in theory.
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