1986 Fiscal Year Final Research Report Summary
Procedure in New Trial (G.) Die neue Hauptverhandlung im Wiederaufnahmeverfahren
| Project/Area Number |
60520028
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Criminal law
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| Research Institution | Shizuoka University |
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Principal Investigator |
OHDE Yoshitomo Shizuoka University, 人文学部, 助教授 (50115440)
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| Project Period (FY) |
1985 – 1986
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| Keywords | New Trial / the reopening of the procedure / 梅田事件 |
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| Research Abstract |
About the proceedings at the reopening of the procedure, analysed the state of practices and theories , through mostly observing the trial at the reopening of the procedure (Saishin=Wiederaufnahmeverfahren<G.>=New Trial),what is called the Umeda-case.
The results could be arranged as follows;
1.There is no objection against that the Kisozyo-Ipponsyugi (Jap.) is not applied to the proceedings at the court of the new trial.
2.It is acknowleged that a same court could take charge of both proceedings , the claim-stage and the trial-stage at the reopening of the procedure. And if could not, a court, taking charge of the latter, could peruse the records before the trial reopens.
3.Therefore, all the reocords,that form the basis of ruling the reopening of the procedure,must be produced from the beginning. Following few points should be concidered for the concrete security against it. <1>It shold be to be the obligation to consent to the evidence moved by the other party. <2>All evidence produced by the claimant of the new trial, should be adoped as testimonial impeachments, Art.328 on the Code of Criminal Procedure. <3>Evidence of the claim-stage could be automaticaly operated to be that of the trial-stage in theory.
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[Publications] OHDE,Yoshitomo: "The report of observing the trial at the reopening of the procedure,what is called the Umeda-case." The Hogaku Seminar. 31-2,3,7,8,10,32-1. 124-5,20-21,,128-9,126-7,24-7,28-9 (1986-7)
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