2010 Fiscal Year Final Research Report
The availability of the materials gathered in non-criminal-natured investigations in criminal procedure.
| Project/Area Number |
21730063
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Criminal law
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| Research Institution | Kansai University (2010)
Kagawa University (2009) |
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Principal Investigator |
NAKASHIMA Hiroki Kansai University, 大学院・法務研究科, 准教授 (60403797)
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| Project Period (FY) |
2009 – 2010
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| Keywords | 刑事訴訟法 |
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| Research Abstract |
The infringements of the privilege against self-incrimination may not be justified for reasons of the public interest and the complexity of cases in the administrative investigations. In order to take the importance of the investigations into account, to a certain extent, and prevent the expansion of administrative power to investigate cases from emasculating the privilege, it is necessary to establish s strict standard in regard of the availability on criminal proceedings of the statement or information obtained by the investigations, although it may be unavoidable that, in regard of compelling to make a statement at the stage of administrative investigations, the privilege is not always absolute, as the decision depends on whether the very essence of it was destroyed, on detailed examination of the range of the compulsion the proceedings bring about.
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Research Products
(1 results)
