2005 Fiscal Year Final Research Report Summary
Immunity from Criminal Prosecution from Comparative and Legislative Perspectives
| Project/Area Number |
15530052
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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 | Sophia University (2004-2005)
Seikei University (2003) |
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Principal Investigator |
NAGANUMA Noriyoshi Sophia University, School of Law, Professor, 法学研究科, 教授 (40164454)
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| Project Period (FY) |
2003 – 2005
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| Keywords | criminal immunity / testimony / organized crime / privilege against self-incrimination / evidence / criminal legislation |
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| Research Abstract |
This scientific research has been carried out for the purpose of finding out (1) whether the introduction of the system of immunity from criminal prosecution into Japanese criminal procedure is necessary and desirable, (2) if it is so, what kind of requirements and procedures are needed, and (3) what sort of recommendations are suitable to legislative efforts. For these purposes, such scientific methods as follows have been employed : namely, (1) to make an empirical research into the American system of criminal immunity, (2) to collect as much tangible material as possible, (3) to organize cases, comments and other materials on criminal immunity, organized crimes and relevant legislative history, (4) to collect Japanese cases and materials for case-study discussion. Some of the research methods have been, regrettably, unaccomplished, and need to be pursued continuously. Some new aspects, however, have been opened up. First, it is found that arguments on constitutionality of immunity have almost been settled. Secondly, it is established that the focus of discussion has been shifted to the importance of immunity to detect and establish some sorts of organized and major white-collar crimes. The feasibility of introduction of such systems into Japanese criminal procedure should be weighed in light of coordination of other investigative techniques to gather testimony, because Japanese criminal justice system has its own unique characters of evidence-collection methods. The investigator of this research has published two articles and one verbal presentation in this respect, which are cited in references on the reverse side of this paper.
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