2011 Fiscal Year Final Research Report
Empirical Study of Victims' Participation in Criminal Trials
Project/Area Number |
21530067
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Research Category |
Grant-in-Aid for Scientific Research (C)
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Allocation Type | Single-year Grants |
Section | 一般 |
Research Field |
Criminal law
|
Research Institution | Kagoshima University |
Principal Investigator |
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Project Period (FY) |
2009 – 2011
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Keywords | 刑事訴訟法 / 被害者参加 |
Research Abstract |
A purpose of the victim's participation in criminal trials is the increase of the victim's welfare to the extent not inconsistent with the original function of the criminal trial. According to the survey results, the operation of the victim's participation system does not inhibit the intrinsic function of the criminal trial. But in the cases that a defendant pleads not guilty, the victim's participation inhibits the defense of the accused. In order to clear this problem, we need dividing criminal procedure in to finding fact and sentencing process.
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