2011 Fiscal Year Final Research Report
Investigation of cause and pursuing criminal liability in case of medical accidents
| Project/Area Number |
21330016
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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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 |
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| Co-Investigator(Kenkyū-buntansha) |
ODA Naoki 神戸大学, 法学研究科, 教授 (10194557)
UESHIMA Kazutaka 神戸大学, 法学研究科, 教授 (40184923)
UTOH Takashi 神戸大学, 法学研究科, 教授 (30252943)
SHIMAYA Takayuki 神戸大学, 法学研究科, 教授 (80359869)
IKEDA Kimihiro 神戸大学, 法学研究科, 教授 (70302643)
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| Project Period (FY) |
2009 – 2011
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| Keywords | 刑法 / 医療過誤 / 過失犯 |
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| Research Abstract |
First, the project collected and analyzed cases on medical accidents and other crimesbased on negligence. The results were written by co-researcher on commentary(a partof book) and shown as our common understandings.
Many cases suggested that contemporary malpractices are caused by team medicineand that we should focus upon criminal negligence and concurrence. Thus, this projectexplored 1) the limit of principal criminality, 2) criteria to distinguish principal-und co-principal criminality in crimes based on negligence and 3) imposed duty in case ofnegligence by omission.
Two further issues were explored : 1) complications between substantive law and procedural law on crimes based on negligence, 2) whether to take account of benefits outside criminal procedure into criminal process.
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