Total research on case management and lawsuit process of criminal cases

2003 Fiscal Year Final Research Report Summary

• Project/Area Number: 13302005
• Research Category: Grant-in-Aid for Scientific Research (A)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Criminal law
• Research Institution: KYUSHU UNIVERSITY
• Principal Investigator: ODE Yoshitomo Kyushu University, Faculty of Law, Professor, 大学院・法学研究院, 教授 (50115440)
• Co-Investigator(Kenkyū-buntansha): ASADA Kazushige Kyushu University, Graduate School of Law and Faculty of Law, Professor, 大学院・法学研究科, 教授 (70067734) ; ARAAKI Nobuyoshi Rikkyo University, Faculty of Law, Professor, 法学部, 教授 (30062665) ; IBUSUKI Makoto Ritsumeikan University, College of Law, Professor, 法学部, 教授 (70211753) ; UEDA Shintaro Okayarna University, Faculty of Law, Associate Professor, 法学部, 助教授 (50243746) ; UMEDA Yutaka Shimane University, Faculty of Law Literature, Professor, 法文学部, 教授 (10263500)
• Project Period (FY): 2001 – 2003
• Keywords: prosecutor / prosecution / criminal lawsuit / lawsuit discretion / lawsuit process / plea-bargaining

Research Abstract

First of all, a necessary research on national interests in lawsuit and a present condition and issues of lawsuit process in Japan has been done by investigation of goals and open issues of many studies on lawsuit process inside and outside of Japan from the theoretical point of view. In the process of major restructuring of criminal law in Japan, thanks to a cooperation of many researchers and practicing lawyers other than members of this research, this research and study has been done with many discussions on the issues of case management and lawsuit process with wide scope.
Secondly, a case research on lawsuit process has been done with many detailed cases such as case of Yokohama, case of Sayama, case of Oosaki, case of murder-of Hounjou Insurance, case of Resale, case of Wakayama Curry, case of lizuka and so on, from the point of view of propriety of case management and lawsuit process, with a cooperation of many practicing lawyers other than research members.
Thirdly, a overseas re search on case management and lawsuit process in foreign countries such as Germany, England, Taiwan, France, Italy, has been conducted with fruitful results in order, finding that there are many countries where they are more or less interested in lawsuit discretion but have institutionalized very limitedly. Also, their case management system and its missions have been studied.
In addition to the above, each research members has been executed study meetings and overseas research on each theme and all members have conducted a joint study camp meeting to share research results, where other research supporters have joined in, making many active discussion coming out in various fields.
As a result, some clues to clarify basic scheme of a concrete system framing of lawsuit for management of criminal cases in order to have people get more interested in lawsuit has been found, by examining, theoretically and practically, problems of the present lawsuit process relying on prosecutors from the new three points of view as follows ;
1.transparency of lawsuit
2.multiplied lawsuit
3.civil participation in lawsuit