2005 Fiscal Year Final Research Report Summary
Theoretical Research about selection and evaluation of factors in sentencing from the systematical perspective
| Project/Area Number |
16530044
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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 | University of Tsukuba |
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Principal Investigator |
OKAUE Masami Graduate School of Hamanites and Social Sciences, Associate Professor, 大学院人文社会科学研究科, 助教授 (00233304)
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| Project Period (FY) |
2004 – 2005
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| Keywords | sentencing / punishment / super grass / Victimology / criminal responsibility / surrender / compensation for damages |
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| Research Abstract |
This research tries to examine the problem, how one should select relevant facts from the viewpoint of the penalty purpose, that is, which facts and in what reason can be considered in amount of punishment through the finding of the crime theory besides the penalty theory.
This research consists of (1) the reconstruction of the penal theory and (2) the reasoning of attitude of the defendant after the crime. Part (1) concluded that certain facts outside the crime itself can and should be considered as just desert also from the standpoint of the retribution punishment theory, that is, "Recovery of the law" theory, which comes from the penal theory, suggested by the discussion in the German Criminal Law.
In Part (2) it was examined that " Reconciliation with the victim" is able to be reflected in sentencing similarly as not only cooperated attitude after the crime but also other problems based on the justification grounds of the penalty "Recovery of the law". It is an attempt that applies the sentencing theory to new punishment theory in the German way.
As for these results, it is planned to publish it as a thesis collection by the end of current year.
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