2001 Fiscal Year Final Research Report Summary

"Restorative Justice" model to the criminal justice system in Japan

Research Project

Project/Area Number	12620070
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Criminal law
Research Institution	Sapporo Gakuin University
Principal Investigator	SHIROSHITA Yuji Sapporo Gakuin University, Faculty of Law, Professor, 法学部, 教授 (90226332)
Co-Investigator(Kenkyū-buntansha)	OKADA Kumiko Sapporo Gakuin University, Faculty of Law, Assistant Professor, 法学部, 助教授 (50305885)
Project Period (FY)	2000 – 2001
Keywords	restorative justice / victim / sentencing guideline / sentencing factor / 被害感情
Research Abstract	The purpose of this research is to examine the applicability of "Restorative Justice" model to the criminal justice system in Japan. We focused attention on sentencing stage, especially on the consideration of the "victim-related factors" as sentencing circumstances. The main viewpoint of research is adjustment to the substantive criminal law theory. In conclusion, (1) Protection of victims is too unstable to be incorporated in sentencing guidelines. (2) Protection of victims is not a purpose of punishment itself. It should be taken as a reflectivity of punishment. (3) Victim-related factors should not be considered as sentencing circumstances.

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