2015 Fiscal Year Final Research Report
The concept of voluntariness and coercion in criminal law
| Project/Area Number |
26780044
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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 | Waseda University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2016-03-31
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| Keywords | 自由に対する罪 / 刑事責任と自由意志 / 強制 |
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| Outline of Final Research Achievements |
The aim of this research is to examine the meaning and role of the concept of “freedom” (voluntariness) in criminal law, that is requisite for criminal responsibility of an offender on the one hand (“freedom of the offender”), and supposed to be the object of the violation of the offences such as compulsion (the offences that violate “the freedom of the victim”) on the other. I concluded that,in criminal law, the freedom of a person means no more than the absence of physical and mental conditions that make impossible the ascription of a conduct to him. I analyzed precedents about offences such as compulsion, forcible indecency, obstructing performance of public duty, and so on, and found that my concept of “freedom”has validity as a tool to analyze and clarify the nature of those offences.
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| Free Research Field |
刑法
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