Problems on punishment of organizations in the criminal law, the criminal procedure and the sanctions - Research of German case law

2017 Fiscal Year Final Research Report

• Project/Area Number: 26380087
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Criminal law
• Research Institution: Aoyama Gakuin University (2017); University of Tsukuba (2014-2016)
• Principal Investigator: Okaue Masami 青山学院大学, 法務研究科, 教授 (00233304)
• Project Period (FY): 2014-04-01 – 2018-03-31
• Keywords: 法人処罰 / 法人の刑事責任 / ドイツ刑法

Outline of Final Research Achievements

This research about the punishment of corporations has gotten some results in each field of the criminal law, the criminal procedure law and the sanction.
As the result in the criminal law, that is the substantive law, the punishment of corporations is short of theoretical justification of objective assignment (objektive Zurechnung). It comes to lack of autonomy in any corporation as a necessary condition of punishment. Therefore sanctions against corporation also loses the justification.　As the result in the criminal procedure law the punishment of corporation has also theoretical problems especially concerning the protection of the right of criminal defendants, for example, self-incrimination.

Free Research Field

刑法