2013 Fiscal Year Final Research Report
Studies in the Crime of Breaking into a Residence
| Project/Area Number |
24730054
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Criminal law
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| Research Institution | Nagoya University |
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Principal Investigator |
SAITO AKIKO 名古屋大学, 法学(政治学)研究科(研究院), 准教授 (70334745)
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| Project Period (FY) |
2012-04-01 – 2014-03-31
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| Keywords | 住居侵入罪 |
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| Research Abstract |
Through working on this study, I could achieve the theoretical analysis of the elements of the crime of breaking into a residence (Art. 130, Penal Code), that is, the objects ("a residence of another person" and "the premises, building or vessel guarded by another person") and the act ("break"), and have clarified, for example, (1) what requirements are to be satisfied, to say "guarded by another person", (2) whether the Article is to be applied to the spaces for common use of "a residence", "premises" or "building" etc., (3) whose and what will is to be considered, in order to judge if s/he has committed "break"ing.
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