2015 Fiscal Year Final Research Report
A Research on the Meaning of, and Legislation Embodying, the Principle of "Despositionsprinzip" in Criminal Procedure
Project/Area Number |
25380091
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Research Category |
Grant-in-Aid for Scientific Research (C)
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Allocation Type | Multi-year Fund |
Section | 一般 |
Research Field |
Criminal law
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Research Institution | Waseda University |
Principal Investigator |
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Project Period (FY) |
2013-04-01 – 2016-03-31
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Keywords | 司法取引 / 合意 / 協議 / 答弁取引 / 取引司法 / 申合せ |
Outline of Final Research Achievements |
Revision of the Japanese Criminal Procedure, approved at 24. May 2016, contains a type of "bargaining justice", which allows the prosecutor and the accused to reach an agreement requiring the accused to cooperate in the prosecution of others in exchange for the prosecutor providing him with one of the various lenient dispositions. Since the system would be a new system for Japan, in order to prepare for the official introduction thereof,I conducted surveys on the actual application use of the plea bargaining procedure in the State of New York in September 2013, and the actual application use of the new procedure of "Consent"(Absprache) in Germany in May 2015. The findings from these research give us important comparative data for the newly introduced Japanese bargaining system. Since I found it also necessary to clarify the theoretical relation between "bargaining justice" and the adversary system in Japanese criminal procedure, the research was conducted to reach that goal as well.
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Free Research Field |
刑事訴訟法
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