Study on the concept of Dangerousness in the criminal law

2016 Fiscal Year Final Research Report

• Project/Area Number: 15K16945
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Criminal law
• Research Institution: Keio University
• Principal Investigator: Sato Takuma 慶應義塾大学, 法学部(三田), 教授 (10439226)
• Project Period (FY): 2015-04-01 – 2017-03-31
• Keywords: 未遂犯 / 危険犯

Outline of Final Research Achievements

This research project, taking up offence of criminal attempt and concrete endangerment offence as material, dealt with the concept of Dangerousness in criminal law. By examining the cases and theories both in Japan and Germany, the structural difference between offence of criminal attempt and concrete endangerment offence became clear, which subsequently clarified that the function the concept of Dangerousness achieves varies according to the context. Besides, this project has pointed out that, in discussing criminal attempt, so far the concept of Dangerousness has been interpreted in two ways, namely as the possibility of resulting harm and as the urgency of resulting harm. On the basis of research results, this project made proposals on the way of deciding dangerousness in each offence (offence of criminal attempt, concrete endangerment offence).

Free Research Field

刑法