A Study of procedural condition that abandonment of right to remain silent is valid

2017 Fiscal Year Final Research Report

• Project/Area Number: 15K03185
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Criminal law
• Research Institution: Ritsumeikan University
• Principal Investigator: FUCHINO Takao 立命館大学, 法務研究科, 教授 (20271851)
• Project Period (FY): 2015-04-01 – 2018-03-31
• Keywords: 黙秘権 / 被告人質問 / 取調べ / 協議合意制度 / 被害者参加 / 共犯者自白

Outline of Final Research Achievements

This research studied what kind of procedural system was needed to secure sincerity of abandonment effectively when the defendant/suspect gave up right to remain silent or chose the summary proceedings. It became clear that there is a fear that the defendant/suspect can't refuse deposition under the interrogation by the police, under the plea bargaining, under the situation of choosing the summary proceedings and under the situation asked from the victim participant in the trial.
As a result of the study it found that the reform of criminal procedure system is indispensably needed to secure sincerity of abandonment of right to remain silent. Specifically, Japanese criminal procedure system have to introduce visual recording of whole process of interrogation against the defendant/suspect, attendance of the defense lawyer at interrogation against the defendant/suspect, abandon or restrict the use of the victim participants system and the plea bargaining system.

Free Research Field

刑事訴訟法