2009 Fiscal Year Final Research Report

The significance of self-responsibility of the victim in the medico criminal law.

Research Project

Project/Area Number	19730057
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	Criminal law
Research Institution	Okayama University
Principal Investigator	SHIOTANI Takeshi Okayama University, 大学院・社会文化科学研究科, 教授 (60325074)
Project Period (FY)	2007 – 2009
Keywords	刑事法 / 被害者 / 承諾 / 自己答責性
Research Abstract	I examined the significance of self-responsibility of the victim (a patient) in the medico criminal law mainly on problems of the accountability of the doctor and the effectiveness of the consent of the patient. In recent years the problem of the hypothetic agreement attracts attention in Germany, but this principle of law is logically a problem and adoption seems to be difficult in our country which is different a law state. In addition, I examined the significance of the self-determination of the victim in euthanasia and the gene study and reaffirmed importance of the intention of the victim in this field.