1991 Fiscal Year Final Research Report Summary
A study of theory and Practice on defense counsel
| Project/Area Number |
02620024
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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 | Kyushu University (1991)
Shizuoka University (1990) |
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Principal Investigator |
ODE Yoshitomo Kyusyu University Law Professor, 法学部, 教授 (50115440)
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| Project Period (FY) |
1990 – 1991
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| Keywords | the right to counsel / the right to defense counsel / the Duty Solicitor scheme / 弁護人依頼権 / 当番弁護士 |
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| Research Abstract |
The first step on the right to counsel in criminal procedure was taken by CHIZAIHOU in Meiji period(1880)in Japan. However, the right was restrictive. It was recognized only in trial or at the utmost in pre-trial. The duty lawyers system was also liaited.
In 1947 the new Constitution was established. Under Article 34 of the Constitution the right to counsel is guaranteed. And under Article 37 it is guaranteed that if the accused is unable to retain a lawyer, the court must appoint one for him.
But most of suspects couldn't retain lawyers. Therefore the Japanese police relied heavily on confessions of suspects. So many academics asserted the reinforce of the right to counsel- the right of access to a lawyer, the right to the presence of the counsel at critical stages and the right duty appointed counsel at no cost to suspects. Moreover four prisoners under sentence of death were subsequently found innocent.
So, to effect a development in the situation many lawyers thought the right to counsel must be guaranteed for all suspects. Japan Federation of Bar Associations established Keiji Bengo-Center and the Duty Solicitor scheme.
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