2015 Fiscal Year Final Research Report
A critical study on the modern significance of enhanced penalty for recidivism
| Project/Area Number |
25780043
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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 | Yamagata 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 | 刑法 / 責任概念 / 責任主義の原則 / 累犯加重 |
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| Outline of Final Research Achievements |
This study is a critical investigation of enhanced penalty for recidivism in Japanese criminal law. Although a variety of views on enhanced penalty for recidivism have been advocated so far in Japan, there seems to be no persuasive argument has been given for establishing it. On the other hand, the Federal Republic of Germany and the Swiss Confederation have already revoked the corresponding provisions. Through a comparative study of law in Japan and Germany/Switzerland, it is shown that enhanced penalty for recidivism cannot be theoretically justified.
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| Free Research Field |
刑事法
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