2009 Fiscal Year Final Research Report
A study on the quasi-kokoku appeal and remedies at pre-prosecution.
| Project/Area Number |
19530056
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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 | Kobe University |
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Principal Investigator |
UTO Takashi Kobe University, 大学院・法学研究科, 教授 (30252943)
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| Project Period (FY) |
2007 – 2009
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| Keywords | 準抗告 / 権利救済 |
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| Research Abstract |
About every criminal procedure has remedy-system at pre-prosecution for undue restriction of human rights that may arise during an investigation, and it is desirable that the system works good for the involved persons that wants immediate and effective remedy, and that it also appropriate for the justice system. This study was aimed to find and analyze the theoretical points which may be important for the remedy-system reform in Japan. Japanese current law of criminal procedure has quisi-kokoku-appeal system, and its targets are almost limited to cases of compulsory measures. Therefore in oder to examine whether it is proper for Japanese criminal procedure, this study wrestled particularly with the problem how compulsory measures should be ruled, and how the principle found in Art. 197(1) should work.
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Research Products
(4 results)
