2015 Fiscal Year Final Research Report
Basic Study for the Structure of Prodedure about the Relevancy of Evidence in Criminal Prodecure
| Project/Area Number |
25380092
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Nanzan University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 刑事訴訟法 / 裁判員制度 / 公判前整理手続 / 証拠の関連性 / 争点整理 / 準備手続 / 適正手続 / 弁護権 |
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| Outline of Final Research Achievements |
Pre-trial Conference in Japanese criminal procedure is put into practice more heavily, and in the present circumstances, court is more concerned in the issues between defense and prosecution. To consider the better aim, it is important to respect the adversary system and regulate the pretrial procedure from the perspective of due process. Specifically, it is important to develop the relevancy of evidence, and discuss the model of pretrial hearing. That hearing that only professional judge takes the time and hear in separately, is desirable. While the parties form the issue of trial, it is not desirable that court is concerned in it, but the court should take the active role to protect the right to effective counsel. The law of restricting the claim of evidence strictly harms the original function of pre-trial conference. It is to be desired that the law should be explained from the perspective of right to effective counsel.
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| Free Research Field |
刑事訴訟法
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