再審請求中の死刑執行をめぐる法的問題

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書誌事項

タイトル別名
  • Execution of Death Row Inmates During Their Appeals for Retrial
  • サイシン セイキュウ チュウ ノ シケイ シッコウ オ メグル ホウテキ モンダイ

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抄録

The Code of Criminal Procedure provides that convicted persons have a right to appeal for a retrial when they find new evidence which shows their innocence. The right to appeal for a retrial is guaranteed also to death row inmates. Recently the Japanese government has executed a dozen death row inmates during their retrial appeals. The right to appeal for a retrial is used to redress a wrongful conviction. Its aim is to relieve convicted persons from the punishments by wrongful court decisions. In the case of death row inmates, this means relieving them from wrongful executions. Execution during their appeal for a retrial infringes the convicted persons’ right to appeal for a retrial. Execution deprives them of life, therefore they lose the opportunity to obtain an actual relief from wrongful conviction. This is the reason why execution by the government is illegal. After an illegal execution, a defense lawyer appointed by the death row inmates may continue to pursue the proceedings of appeal for a retrial. However, the execution infringes on their right to pursue the proceedings because they are almost unable to do it effectively without any communication with or instructions by the death row inmates.

収録刊行物

  • 一橋法学

    一橋法学 21 (1), 1-36, 2022-03-10

    一橋大学大学院法学研究科

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