The theoretical and Practical research on the pre-trial procedure
| Project/Area Number |
16530043
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Niigata University |
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Principal Investigator |
NAMAZUGOSHI Itsuhiro Niigata University, Institute of Humanities, Social Sciences and Education, Professor, 人文社会・教育科学系, 教授 (80037085)
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| Co-Investigator(Kenkyū-buntansha) |
INADA Takashi Kumamoto University, Faculty of Law, professor, 法学部, 教授 (30284730)
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| Project Period (FY) |
2004 – 2006
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| Project Status |
Completed (Fiscal Year 2006)
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| Budget Amount *help |
¥3,100,000 (Direct Cost: ¥3,100,000)
Fiscal Year 2006: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2005: ¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 2004: ¥1,200,000 (Direct Cost: ¥1,200,000)
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| Keywords | Mix trial system / pre-trial procedure / disclosure of evidence / count (5) evidence / 証拠 / 改正刑事訴訟法 / 弁護制度 / 検察制度 / 訴因制度 / 国際研究者交流 / イギリス |
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| Research Abstract |
The SAIBANINN Trial system (Mix judicial system) shall start up to May 2009.in Japanese Criminal Cases. The member s of the SAIBANNIN are composed of 3 professional judges and 6 lay judges. The success of this system must depend on the preparation before the trial. So, this research project targeted to the pre-trial procedure in Criminal Cases.
The Criminal Procedure Law has amended in order to introduce the new pre-trial procedure. The aim of this new procedure is to make it possible the speedy and condense trial I.
The new pre-trial procedure is apply only the cases which are subject of the SAIBANNIN trial but also the cases the court diced to adapt the new procedure. The new pre-trial procedure has started from November 2005 by the order of the court. Up to March 2009, in more than 300 cases, new pre-trial procedure has been took place.
In the course of procedure the conflict of opinions on the some points has emerged between the prosecution and the defence. The most outstanding conflict is related to the disclosure of evidences by the prosecution. There is three stage of the disclosure of evidence by the prosecution. At first the prosecution must reveal to the defence material that tends to call.
The defence can ask the prosecutor to disclose the evidence that the prosecution does not tend to use at the trial. If the prosecution rejects the request of the defence, he can apply to the court for an order requiring such disclosure.
The new pre-trial procedure is just started, it is very difficult to say whether it is success or not. However we can say the trial procedure has been speed up and the cases in which the accused have been free on bail.
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Report
(4 results)
Research Products
(14 results)
