Study on the revision of measures of rehabilitation and incapacitation from multidimensional perspectives

2017 Fiscal Year Final Research Report

• Project/Area Number: 15K03165
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Criminal law
• Research Institution: Hokkaido University
• Principal Investigator: Akihiro Onagi 北海道大学, 法学研究科, 教授 (60274685)
• Project Period (FY): 2015-04-01 – 2018-03-31
• Keywords: 保安処分 / 刑罰 / 処遇 / 犯罪予防 / 被害者保護

Outline of Final Research Achievements

The institution of measures of rehabilitation and incapacitation proposed in the draft of the new Criminal Code of 1974 was heavily criticized. But in the meantime, the protection of victims and a secure society are advocated vehemently and the prevention of crime is more important than the punishment of the already committed crime. Thus, it should be assumed that a sustainable criminal policy can be achieved by re-examining seriously and seriously the measures of rehabilitation and incapacitation, and refreshing them in a way that suits modern society. Such an idea is accepted in many countries, including Germany, which has a major impact on the criminal justice system in Japan. In doing so, a welfare state perspective, a position of victim protection and crime prevention are taken into account. The importance of the introduction of measures of rehabilitation and incapacitation should be very high on the basis of the comprehensive viewpoints.

Free Research Field

刑事法