56, 2, 123, 154, Sep. 2023
74, 2, 321, 347, Jul. 2024
69, 5, 127, 146, Jan. 2020
32, 1・2, 138, 112, Sep. 2017
31, 3・4, 153, 135, Mar. 2017
65, 1, 175, 200, May 2015
64, 5, 202, 245, Jan. 2015
64, 2, 197, 232, Jul. 2014
63, 6, 261, 286, Mar. 2014
(Translations) Michael Pawlik, ,,Das dunkelste Kapitel in der Dogmatik des Allgemeinen Teils" -Bemerkungen zur Lehre von den Garantenpflichten-, 63, 2, 298, 315, Jul. 2013
21K01209, Japan Society for the Promotion of Science, Grants-in-Aid for Scientific Research Grant-in-Aid for Scientific Research (C)
18K01309
21K01209
19K13549
18K01309, Criminal responsibility for harmful actions by intelligent agents, The initial purpose of this research was to clarify what kind of requirement theory structure could be used to affirm the criminal responsibility of the manufacturer, provider, or administrator/user of an intelligent agent, and to examine the direction of thinking about the subjectivity and responsibility of the intelligent agent itself in this context.;In the end, with the contribution of research collaborators, we were able to examine the philosophical basis for the subjectivity of intelligent agents, further developmental issues such as the problem of legitimate criminality, and the subjectivity of acts under special laws. Regarding negligence offenses, we were able to sort out not only product liability, but also the specific reconciliation with negligence requirements, examination of the issue of the article of the Road Traffic Law regarding the implementation of automated vehicles, and the concept of dilemma situations from the aspect of criminal law.
JP21K01209, Theoretical research on practical problems envisaged after the revision of the sex offences provisions., This study focused on the clarification of the meaning of ‘difficult state of non-consensual intention formation etc.’, which was stipulated in the 2023 Sexual Offences Amendment in place of the requirements of assault threat and non-refusal, as it is expected to be the most important issue in the future practical operation of the law. The new Article 176 lists eight grounds as grounds for causing sexual misconduct, but the scope of punishment is not always clear, especially when non-consensual sexual intercourse or obscenity is committed by taking advantage of status or relationship, or by deceiving the other party. Therefore, based on discussions in Germany and the UK, as well as an analysis of Japanese case law to date, we have provided a theoretical perspective by examining how the article should be interpreted and the specific scope of punishment.
JP19K13549, The starting point of the statute of limitations for prosecution of the crime of abandonment of a corpse by omission, This study examines the starting point of the statute of limitations for prosecution for the crime of abandonment of a corpse by omission, which is realized when a person who is obligated to bury a corpse fails to bury the corpse. The generally accepted theory say that in the case of abandonment of a corpse by omission the crime is not completed and the statute of limitations for prosecution is not completed. This study opposes this position. Through a discussion of the purpose of the statute of limitations system under the Code of Criminal Procedure, a discussion of the termination of the crime in Germany, and an interpretation of the crime of abandonment of a corpse in Japan, this study shows that the starting point of the statute of limitations for prosecution even in the cace of abandonment of a corpse by omission exist.
JP25K16520