Empirical and Comparative Study for Effective Criminal Defense

About this project

Japan Grant Number
JP18K01316
Funding Program
Grants-in-Aid for Scientific Research
Funding organization
Japan Society for the Promotion of Science
Project/Area Number
18K01316
Research Category
Grant-in-Aid for Scientific Research (C)
Allocation Type
  • Multi-year Fund
Review Section / Research Field
  • Basic Section 05050:Criminal law-related
Research Institution
  • Tokyo Keizai University
Project Period (FY)
2018-04-01 〜 2022-03-31
Project Status
Completed
Budget Amount*help
4,420,000 Yen (Direct Cost: 3,400,000 Yen Indirect Cost: 1,020,000 Yen)

Research Abstract

Because the Japanese CCP adopts the adversary system, the defendant and public prosecutor have equal positions as parties to the action. However, it is difficult to say that equality of arms is guaranteed in relation to the means of supporting each side's litigation activities. Furthermore, the interrogation of suspects under arrest or detention is inquisitorial, and there are limitations on the effective exercise of procedural defence rights, rendering it difficult for suspects to deal with the interrogation on an equal footing to investigative agencies, even though the right to silence is granted. In this regard, criminal defence should be improved in Japan.

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