2013 Fiscal Year Final Research Report
Comparative Studies in Grounds and Limits of Legal Justification in Criminal Law for Medical Interferences
| Project/Area Number |
22730056
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
Criminal law
|
|---|
| Research Institution | Nagoya University |
|---|
Principal Investigator |
FURUKAWA NOBUHIKO 名古屋大学, 法学(政治学)研究科(研究院), 准教授 (00334293)
|
|---|
| Project Period (FY) |
2010-04-01 – 2014-03-31
|
| Keywords | 刑事法学 / 刑法 / 犯罪論 / 刑事過失論 / 過失の競合 / 仮定的同意 |
|---|
| Research Abstract |
This research is focused on the cases, in which medical interferences caused fatal results or bodily injuries of patients, aimed at investigating the reasonable extent of criminal responsibility which is to be taken by doctors or medical stuff, in order to prevent inappropriate expansion of such responsibility. Through the theoretical analysis of the academic controversy in Japan and Germany, which is discussed around the theme such as "strafrechtliche Fahrlaessigkeit (criminal negligence)", "Fahrlaessigkeitskonkurrenz (concurrent negligence)", "Risikouebernahme (assumption of risk)", "mutmassiche Einwilligung (presumed consent)" and "hypothetische Einwilligung (hypothetical consent)", it was enabled to make fruitful, systematic consideration especially on some important, actual criminal cases, which are to be paid attention common in Japan and Germany.
|
