現代イギリスにおける捜査と人権--Report of the Royal Commision on Criminal Procedure

概要

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The material of this paper is the Report of the Royal Commission on Criminal Procedure (1981, Cmnd. 8092). In part I of this report, the Royal Commission adopts two principles: (a) the necessity of fundamental balance between the interests of the community and the rights and liberties of persons suspected or accused of crime, and (b) to secure "fairness, openness, and workability" in the process of investigation. After summarizing the report, this writer makes the following comment: (1) If we emphasize the interests of the community too much, the rights of the suspected may not be really secured. (2) It is feared that fairness and openness is incompatible with workability. (3) Neverthless, the commission requires the police fairness and openness in their investigative activities. This attitude seems to be one of the outstanding results which have been obtained through the historical development of the accusational system in England. Thus, by examining this report, we can make clear the important question, that is, to what extent the accusational system can settle the contemporary problems of criminal procedure. As the Constitution of Japan provides the accusatorial system to protect the personal liberty, this paper can also contribute to the improvement of the theory of personal liberty in Japan.
奈良教育大学の論文