Criminal Procedure in the Cyber Space-Focused on the Disclosure of the Communication Record

2013 Fiscal Year Final Research Report

• Project/Area Number: 24730055
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Criminal law
• Research Institution: Kyoto University
• Principal Investigator: INATANI TATSUHIKO 京都大学, 法学(政治学)研究科(研究院), 准教授 (40511986)
• Project Period (FY): 2012-04-01 – 2014-03-31
• Keywords: 刑事訴訟法 / 新しい捜査手法 / 情報法 / 制度論

Research Abstract

In order to respond the increase of cyber crimes, I survey the appropriate policy concerned with criminal procedure, based on the interdisciplinary approach, such as law and economics, law and psychology, and philosophy of law. As a result, I conclude that legal amendment, which enables the law enforcement to access and process the accurate database of third party more conveniently than now and also establishes the institution or organization which enables the feedback and supervise the law enforcement activity concerned with the personal date, is absolutely necessary. The distinct character of the research is to provide the framework to practical political decision in order not to make the choice between the right to confidential communication and the social security as they were ambivalent, but to embody the ideal of both principle coherently in the higher dimension, through the interdisciplinary probe.