1989 Fiscal Year Final Research Report Summary
Research of the legal relief measures against errors in finding
| Project/Area Number |
62301066
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| Research Category |
Grant-in-Aid for Co-operative Research (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Criminal law
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| Research Institution | Osaka City University |
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Principal Investigator |
MITSUDO Kageaki Osaka City Univ., Faculty of Law, Professor, 法学部, 教授 (10046930)
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| Co-Investigator(Kenkyū-buntansha) |
ASADA Kazushige Osaka City Univ., Faculty of Law, Professor, 法学部, 教授 (70067734)
SUZUKI Shigetsugu Kyoto Univ., Faculty of Law, Professor, 法学部, 教授 (70030616)
OHDE Yoshitomo Shizuoka Univ., Faculty of civic Science, assistant Professor, 人文学部, 助教授 (50115440)
TAMIYA Hiroshi Rikkyo Univ., Faculty of Law, Professor, 法学部, 教授 (60062577)
MATSUO Koya Chiba Univ., Faculty of Law and Economy, Professor, 法経学部, 教授 (10012262)
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| Project Period (FY) |
1987 – 1989
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| Keywords | errors in fact-finding / appeal / retrial / double jeopady / Writ of Habeas corpus / nova |
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| Research Abstract |
It is so indispensable in criminal procedure to provide for conviction based on factual errors that legal systems which relieve a defendant from misjudgement as early as possible should be equipped completely, Moreover the systems must function effectively. For this purpose, firstly we studied criminal appeals and retrial in terms of comparative law and its history. That leads us to conclude that appeal and retrial in criminal procedure have their principle significance on "Relief a defendant from errors in finding". Secondly causes of errors in finding are investigated both in theory and in case studies. As the latter, we chose several cases which have been really recognized errors in finding and interviewed some attorneys of those cases. Besides, 4 working groups were made, which read the whole documents of each of the cases and examined what led the judges to errors in finding. At last we discussed ideal relief measures. This consideration results especially in the papers on detail
… More
problems.
The themes of these studies can be summarized as follows: A. General remarks 1. The significance and role of appeals and retrial in criminal procedure; legal relief measures both before and after an irrevocable decision; relief measures in the Anglo-American law and the Continental, law; the practice of relief in Japan etc.. B. General remarks 2. Practice and problems of the principle of free evaluation of evidence by judge; the significance of due process in fact-finding: evaluation of expert's report; fact-finding on the based of circumstantial evidence etc.. C. Details 1. The structure of the first appeal and relief against factual errors; research of new evidence and new fact by the first appeal court; Relief from factual errors by the second and final appeal court; reasons of retrial; procedure of retrial etc.. D. Details 2. Research of factual errors in special cases and legal relief measures:(1) the Hirosaki case, (2) the Shimada case, (3) the Kagoshima case, and (4) the Omori-kangin Bank case. Less
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