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1991 Fiscal Year Final Research Report Summary

A study of theory and Practice on defense counsel

Research Project

Project/Area Number 02620024
Research Category

Grant-in-Aid for General Scientific Research (C)

Allocation TypeSingle-year Grants
Research Field Criminal law
Research InstitutionKyushu University (1991)
Shizuoka University (1990)

Principal Investigator

ODE Yoshitomo  Kyusyu University Law Professor, 法学部, 教授 (50115440)

Project Period (FY) 1990 – 1991
Keywordsthe right to counsel / the right to defense counsel / the Duty Solicitor scheme / 弁護人依頼権 / 当番弁護士
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.

  • Research Products

    (3 results)

All Other

All Publications (3 results)

  • [Publications] 大出 良知: "憲法上の被疑者国選弁護の位置" 第3回国選弁護シンポジウム記録集. 15-23 (1991)

    • Description
      「研究成果報告書概要(和文)」より
  • [Publications] 大出 良知: "当番弁護士制度の憲法上の位置" 法政研究. 59. (1992)

    • Description
      「研究成果報告書概要(和文)」より
  • [Publications] 大出 良知: "調書裁判と刑事弁護" 刑法雑誌. 32. (1992)

    • Description
      「研究成果報告書概要(和文)」より

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Published: 1993-03-16  

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