The Relation between Concept of Criminal Intent and the Approach of Finding

2016 Fiscal Year Final Research Report

• Project/Area Number: 15H06415
• Research Category: Grant-in-Aid for Research Activity Start-up
• Allocation Type: Single-year Grants
• Research Field: Criminal law
• Research Institution: Shimane University
• Principal Investigator: Oba Saori 島根大学, 法文学部, 講師 (10758444)
• Project Period (FY): 2015-08-28 – 2017-03-31
• Keywords: 故意 / 規範化 / 殺意 / 殺人

Outline of Final Research Achievements

Federal Court of Germany considers ''die Hemmschwelle vor Totung'', when it finds killing intent. This idea is based on the understand that killing causes trouble, and man must overcome the barrier to killing intentionally. This idea also comes from understand that criminal intent is mental state that a criminal really had at criminal act. I analyzed the tendency of this theory from its advent to late years, and invetigated the threschold of this theory, the difference between this theory und the opinion that understands criminal intention from the perspective of objectify, from the objective danger of criminal act.

Free Research Field

刑法学