2004 Fiscal Year Final Research Report Summary
MIXTURE OF EXISTING CODE OF CRIMINAL PROCEDURE OF JAPAN AND FORMER CODE OF CRIMINAL PROCEDURE OF JAPAN
| Project/Area Number |
14520081
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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 | MEIJI UNIVERESITY |
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Principal Investigator |
YAMADA Michio MEIJI UNIVERESITY, FACULTY OF LAW, PROFESSOR, 法学部, 教授 (20130841)
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| Project Period (FY) |
2002 – 2004
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| Keywords | TRIAL HEARING / JUDICIAL PRACTICE / DOCUMENT / ROUTINE |
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| Research Abstract |
The feature of Japanense criminal trials is "simplificatoin of fact-finding process and enlargement of sentencing hearing" and "formality, routinization of trial proceedings". The prosecutor presents a lot of investigatory documents to the trial courts, the counsel gives consent to them, and trial judges receive them, afterward inspect them in their offices.
In most cases the defendant already confesses to their crimes. So the fact-finding process is simplificated. But the sentencing hearing is the most important process in the trial courts. The examination of witnesses and defendant hearing costs most time of the trials.
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