2009 Fiscal Year Final Research Report

Interpretation and Application of Economic Criminal Laws from Theoretical Bases

Research Project

Project/Area Number	19530057
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Criminal law
Research Institution	Keio University
Principal Investigator	ITOH Kensuke Keio University, 法務研究科, 教授 (00107492)
Project Period (FY)	2007 – 2009
Keywords	経済刑法 / 競争刑法 / 法益 / 会社法罰則 / 法人処罰 / 組織体刑事責任 / EU刑法
Research Abstract	The concept Rechtsgut, i.e. a criminally-protected-legal-interest, is still functional in grasping the core of modern economic crimes and in interpreting related criminal statutes, when it is used in a proper context. To enhance the criminal protection of economic Rechtsgut, however, substantive concepts derived from the so-called Norm Theory, such as Corporate or Organizational Culture and Landscape, should be utilized in designing the enforcement framework. Regrettably, in Japanese economic criminal law theories and practice, the understanding of the Rechtsgut concept and its background policy is problematic, and also the acceptance of substantive concepts of the Norm Theory is quite inactive.