2010 Fiscal Year Final Research Report
Study of Criminal Defense Preparations for the Intensive Trial Hearing
| Project/Area Number |
20530056
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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 | Kyushu University |
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Principal Investigator |
TABUCHI Koji 九州大学, 法学研究院, 教授 (20242753)
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| Project Period (FY) |
2008 – 2010
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| Keywords | 集中審理 / 刑事弁護 |
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| Research Abstract |
Followings results were gained through this research.(1) Rule 15 on Federal Rules of Criminal Procedure(FRCrP) adopts depositions for the purpose of perpetuating a testimony. Backgrounds and some constructive issues on Rule 15 FRCrP were studied. This procedure provides an important mean to perpetuate testimony under protection of the constitutional defendant' s right to confront a witness. Section 321 of Japanese Code of Criminal Procedure also permits testimonial statements made by the police or the prosecution as results of interrogation for the purpose of perpetuating the testimony. But this provision could be one of causes to disturb intensive trial hearings. It is needed to adopt the same procedure as Rule15 of FRCrP.(2) Some States adopt criminal depositions for a discovery purpose, too. The discovery deposition can be a very effectual mean to prepare for witness-examination in a trial, and also bring an early resolution of the case if reliabilities of opponent' s witnesses confirmed. Some states restrict attendance of the defendant to the deposition in order to protect witnesses from harassments. Discovery depositions are unknown in Japan, but would be very important means especially for the defendant to prepare his case. Adoption of criminal depositions should be discussed in Japan.
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Research Products
(6 results)
