The Criminal Procedure and the Person with Mental Disorders or Intellectual Disabilities

2017 Fiscal Year Final Research Report

• Project/Area Number: 15K03178
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Criminal law
• Research Institution: Kagoshima University
• Principal Investigator: NAKAJIMA Hiroshi 鹿児島大学, 法文教育学域法文学系, 教授 (00318685)
• Project Period (FY): 2015-04-01 – 2018-03-31
• Keywords: 刑事訴訟法 / 訴訟能力 / 知的障がい / 精神障がい

Outline of Final Research Achievements

When a person with mental disorder or intellectual disability is prosecuted in the court, the trial is stopped if lacking the ability necessary for defense. In this research, I clarified the criteria for judging the lack of the ability necessary for defense, and the criteria for dismissal of case where the ability is unlikely to recover. In addition, how to evaluate as evidence the credibility when using the statements of the people with disabilitiy, and how to conduct interrogation to that people, I clarified.

Free Research Field

刑事法学