2016 Fiscal Year Final Research Report
Reconsideration about the criminal retrial procedure
| Project/Area Number |
26780045
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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 | Ryukoku University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2017-03-31
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| Keywords | 刑事再審 / 手続保障 / 証拠開示 / 裁判員裁判 / 再審請求審 / 再審公判 |
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| Outline of Final Research Achievements |
We can not immediately deny the application of the criminal disclosure in the criminal retrial procedure. Even in the procedure of the structure "ex officio examination", the ex-defendant has for example the right to counsel, the right to criminal disclosure, because the "due-process" and "notice and hearing"(Article 31 the Constitution of Japan) must be secured in the criminal retrial procedure. And the ex-defendant in the procedure of the "adversarial" structure has same rights as in the trail in the court of first instance. In the criminal retrial procedure, "due-process" and "notice and hearing"(Article 31 the Constitution of Japan) are secured, the ex-defendant has for example the right to counsel, the right to criminal disclosure.
We can realize those procedure by the practical application of "adversarial" conference between court, prosecutor and ex-defendant. But we must legislate on the criminal retrial procedure, in order to clear the criminal retrial procedure.
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| Free Research Field |
刑事訴訟法
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