1999 Fiscal Year Final Research Report Summary
The legal analyze on Organized Crime from the viewpoint of substantive and procedural law
| Project/Area Number |
09420012
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Kobe University |
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Principal Investigator |
MITSUI Makoto Kobe University, Faculty of Law, Professor, 法学部, 教授 (30030620)
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| Co-Investigator(Kenkyū-buntansha) |
SAKAMAKI Tadashi Sophia University, Faculty of Law, Professor, 法学部, 教授 (50143350)
HASHIZUME Takashi Kobe University, Faculty of Law, Associate Professor, 法学部, 助教授 (70251436)
UESHIMA Kazutaka Kobe University, Faculty of Law, Professor, 法学部, 教授 (40184923)
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| Project Period (FY) |
1997 – 1999
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| Keywords | Organized Crime / wiretapping / immunity grants / money-laundering / property punishment / charge of auction disturbance activity / 執行妨害 |
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| Research Abstract |
The purpose of this research project is to find out and analyze the legal issues on Organized Crime from the viewpoint of substantive and procedural law.
The main subject of the analysis is the recent legislation against Organized Crime, which has passed the Diet in August 1999. Comparison with the German and the Anglo-American law is taken seriously. Particular issues are as follows.
【encircled1】Does the new legislation on wiretapping violate the warrant requirement and due process of law which the Constitution requires?
【encircled2】The system of immunity grants. Can Japanese criminal justice system introduce this legal method? How is the Japanese Supreme Court thinking about this point?
【encircled3】the expansion of the punishment (range) on money-laundering. Does the rational basis of wider scope of the punishment exist?
【encircled4】The aggravated punishment against the member of the organized crime. Why is a gang staff punished heavily? Why is his responsibility serious> Or, is the illegality of his act more serious?
【encircled5】The analysis on property punishment system. Comparative study in particular with the recent law revision in Germany.
【encircled6】the necessary conditions of a charge of auction disturbance activity. The recent decision of the Supreme Court on this issue is examined.
Conclusion is as follows. The new Legislation seems to be in the fundamentally proper direction. But, still many problems are left. Because the research activities were focused on the fundamental issues, particular application about the concrete problem is still insufficient so far. Further continuing research is needed for comprehensive study.
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