2007 Fiscal Year Final Research Report Summary
Research in the comparative Law on the problems about the responsibility and the punishment of corporations
| Project/Area Number |
18530045
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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 | University of Tsukuba |
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Principal Investigator |
OKAUE Masami University of Tsukuba, Grakuate School of Humanities and Social Sciences, Associate Professor (00233304)
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| Project Period (FY) |
2006 – 2007
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| Keywords | punishment of corporations / EU Law / economical criminal law |
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| Research Abstract |
The result of this research is to clarify the present legal systems and the problems with them of the punishment of juridical persons (corporation) at the European level: the object is France, Austria, Switzerland and Germany. For example, France accepted the criminal liability of juridical persons in a new penal code 1992 for the first time, and it was revised and they enable punishment of juridical person in 2004, even if there is no special provision about their responsibility on certain crimes. Under EU Law, it was decided to be able to punish the juridical person about all crimes like a natural human afterwards by a more pragmatic point of view. There is a similar legislation example in Austria. Such a legislation is a main stream about the punishment of juridical persons in EU. On the other hand, Germany gives sanctions to a juridical person not in a penal code, but in another criminal code, Ordnungswidrigkeitsgesetz. Germany deny a concept of the "responsibility" against corporation on the philosophical background. Instead of that it recognizes the sanctions not by punishment, but by another fine-system without the concept of "responsibility". It is the same concept among the German-speaking countries. And the researcher examined views accepting a criminal punishment and also views denying it. In conclusion, the ideal way of punishing corporations in Japan was considered.
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