2005 Fiscal Year Final Research Report Summary
Study on Legal Systems of Criminal Investigation by the Counsel
| Project/Area Number |
16530045
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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 | Kagawa University |
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Principal Investigator |
TABUCHI Koji Kagawa University, Kagawa-Ehime University' Graduate School of Law, Professor, 愛媛大学連合法務研究科, 教授 (20242753)
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| Project Period (FY) |
2004 – 2005
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| Keywords | criminal defense / right to interview a witness / investigation by the counsel |
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| Research Abstract |
In 2004, legal materials related to legal systems on criminal investigation by the counsel in Britain and America were collected and analyzed, besides attending at seminars to discuss the status quo in Japan. From material researches came out that there were arguments about the defendant right to interview a witness prior to trial especially in U.S.A. The pre-trial contact with listed witnesses by the counsel is thought as a basic criminal defense method in U.S.A. in order to prepare for the cross-examination or exculpatory witnesses. In December 2004, intermediate results of research from the precedent year were summed up and published under the title of "Defendant right to interview a witness prior to trial in U.S.A." A new article on the same subject will be published in March 2007.
In 2005, additional following researches were carried out. (1) As a partner of a collaborate study on criminal procedure reforms in 2004, made a report on estimated problems of the new summary trial procedure at a Kansai-sectional meeting of Criminal Law Society of Japan and published an article based on the report in Jun.2006. (2) In Dec.12.2005, made a report on systems for quality control of criminal defense in Germany at a workshop of Setouchi criminal law teachers. (3) In Feb.23.2006, gave a comment about professional disciplinary rules in case of outer communication of the detained defendant through a counsel at a seminar by Shikoku law school. (4) In 2006, published an article "Comment on Pretrial Procedure Changing" as a result of research.
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