Criminal Incestigation and Proof in the Age of Highly Developped Electronic Information

2016 Fiscal Year Final Research Report

• Project/Area Number: 26380098
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Criminal law
• Research Institution: Waseda University
• Principal Investigator: INOUYE Masahito 早稲田大学, 法学学術院(法務研究科・法務教育研究センター), 教授(任期付) (30009831)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 高度電子情報化 / 犯罪捜査 / 立証 / プライバシー / GPS捜査 / 令状主義 / 強制処分法定主義

Outline of Final Research Achievements

Against sophisticated large-scale crimes in the age of highly developed electronic information, there has been growing reliance on various novel methods of crime investigation and proof applying electronic information technologies. As these methods, on the other hand, often accompany possible infringements of privacy and other interests of those involved, it has become urgent to take appropriate legal regulations over them, either in the form of new legislation, flexible interpretation of existing laws or innovative measures in practice. Making full use of comparative law as well as theoretical analysis, this research has elaborated a comprehensive theoretical framework, based upon the constitutional warrant requirements and principle of legality for compulsory investigative measures, for approaching to the subjects
and applied it to, among others, the currently controversial "GPS investigation," to find out its appropriate resolution.

Free Research Field

刑事訴訟法