2011 Fiscal Year Final Research Report
Ideal Relationships of Victims and Criminal Justice Processes from a Perspective of "Kokuso"(Criminal Complaint) and "Shinkoku-zai"(Offence Prosecuted only upon a Criminal Complaint)
| Project/Area Number |
21730066
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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 | Meiji University |
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Principal Investigator |
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| Project Period (FY) |
2009 – 2011
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| Keywords | 刑事訴訟法 / 告訴 / 親告罪 / 犯罪被害者 / 不法行為 / 弁護士 / ドイツ / 治罪法 |
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| Research Abstract |
This study reviews ideal relationships of victims and criminal justice processes from a perspective of "Kokuso"(criminal complaint) and "Shinkoku-zai"(offence prosecuted only upon a criminal complaint). They are the systems that intend to respect intentions of victims. Therefore, under current criminal policy that emphasizes on victims, Kokuso and Shinkoku-zai should be received a lot of attention. This study reviews 1) ideal responses of police officers and prosecutors to victims of Shinkoku-zai, 2) abuses of the right of Kokuso and legal responses to them, 3) the system of Kokuso of agency in fact and the philosophy of victim support, among others, in comparative and historical jurisprudence perspectives.
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