Reconsider on the Appellate Review on Fact-Finding in Criminal Procedure

2014 Fiscal Year Final Research Report

• Project/Area Number: 24653017
• Research Category: Grant-in-Aid for Challenging Exploratory Research
• Allocation Type: Multi-year Fund
• Research Field: Criminal law
• Research Institution: Kyoto University
• Principal Investigator: SAKAMAKI Tadashi 京都大学, 法学(政治学)研究科(研究院), 教授 (50143350)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: 刑事訴訟法 / 上訴 / 事実誤認 / 論理則･経験則 / 直接主義 / 裁判員制度 / 控訴審

Outline of Final Research Achievements

This research project was planed to reconsider the practice of the appellate review on fact-finding of the trial court in Japanese Criminal Justice System. As the result,this research has proposed the clear and convincing review method,that has been originately built in the Japanese Criminal Procedure Law itself. The research products including legal articles publicized during the research term have successfully proposed the firm theoretical grounds for the continuing activity of the Japanese Supreme Court deciding on this issue.

Free Research Field

刑事訴訟法