2013 Fiscal Year Final Research Report

The investigation of the lay judge era

Research Project

Project/Area Number	23530077
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Multi-year Fund
Section	一般
Research Field	Criminal law
Research Institution	Hiroshima University
Principal Investigator	OKUBO Takashi 広島大学, 法務研究科, 教授 (20346472)
Project Period (FY)	2011 – 2013
Keywords	自己決定 / 利益衡量 / 任意捜査 / 捜査の限界
Research Abstract	It is said that you should examine the new investigation beyond the conventional investigation technique to defeat deadlock of the past investigation, and to find the new prospects. However, it is necessary to find a common ground of the legality of the new investigation and the conventional investigation to join this to the Criminal Procedure Code of our country conformally. The base seems to arrive at the way of the controversial "self-determination" and "profit weighing" conventionally. Then, as for the new investigation, it becomes the premise to be the investigation supported by appropriate "profit weighing" without injuring free "self-determination". In the meaning, it is thought that "self-determination" and "profit weighing" are the core concepts of "an instruction idea" supporting the investigation.

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