2001 Fiscal Year Final Research Report Summary
An Empirical Comparative Study of the Prosecution Process in Japan and France
| Project/Area Number |
12620067
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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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 | Chiba University |
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Principal Investigator |
MURAYAMA Masayuki Faculty of Law and Economics, Chiba University, Professor, 法経学部, 教授 (30157804)
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| Project Period (FY) |
2000 – 2001
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| Keywords | Criminal Prosecution / Criminal Justice Process / Prosecutor / Decision to Prosecute / Investigation Activities / Investigation Judge / Japanese-French Comparison |
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| Research Abstract |
This research focuses on the prosecution process in Japan and France. The data were obtained mainly by interviews of prosecutors in Japan, while they were obtained by direct observations and interviews of prosecutors and investigating judges in France. In France, the pre-trial investigation is shared by the prosecutors and the investigating judges, the latter handling "crimes" and "delits" which require further investigations, while the former handling all the others. The police work closely with the prosecutors, who give immediate instructions to the former. The prosecutors exercise the discretionary power to decide the dismissal, suspension and prosecution of cases, according to the criteria given by the Ministry of Justice. The decision of the prosecutor is quick, while that of the investigating judge requires six months to a year before completing investigation. The pre-trial investigation by the judge seems a real fact finding process, while trial is an occasion to confirm or, in a few cases, reject the decision of the investigating judge in public. In cases prosecuted by the prosecutors, the confession rate seems high and the defense counsel relies on the dossier which was produced by the prosecution side. The role performances of the Japanese counterparts seem to be very similar, except for the institutional independence of the police and the adversarial structure of trial in Japan.
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