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2015 Fiscal Year Final Research Report

A research for clarifying the concept of intention in criminal law :By reconsidering Doles Eventualis

Research Project

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Project/Area Number 26885001
Research Category

Grant-in-Aid for Research Activity Start-up

Allocation TypeSingle-year Grants
Research Field Criminal law
Research InstitutionSophia University (2015)
Hokkaido University (2014)

Principal Investigator

SATO Yumi  上智大学, 法学部, 准教授 (50733119)

Project Period (FY) 2014-08-29 – 2016-03-31
Keywords刑法 / 故意概念 / 未必の故意 / 処罰範囲の明確化
Outline of Final Research Achievements

In this research,I clarified the concept of intention by reconsidering Doles Eventualis in criminal law. In view of Principle of Blameworthiness,I think that the active state of mind for violation criminal law is necessary in order to justify a severe penalty as intentional crime.Therefore, I concluded that sure prediction of results is necessary to recognize intention and Doles Eventualis is equivalent to recklessness from view of indifference to result.

Free Research Field

刑法学

URL: 

Published: 2017-05-10  

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