RECENT DEVELOPMENTS OF JAPANESE CRIMINAL LAW
Learning outcomes of the course unit
• Learn the basics of the japanese criminal justice system
• Compare Japanese procedural issues with those of the E.U.
• Assess critically the pros and cons of various approaches
• Demonstrate the development of problem-solving skills through oral and written responses to legal problems
Course contents summary
Introduction: Overview of the Criminal Justice in Japan
Criminal Jurisdiction : Basic Principles of the application of Japanese Criminal Law
Substantive Law (1): Theories and Practice
Substantive Law(2): Recent Trends
Procedural Law (1) : Investigation
Procedural Law (2) : Prosecution and Diversion
Procedural Law (3) : Pre-Trial / Trial Procedure
Corrections : Criminal Institution and Probation
Juvenile Justice / Global Perspective and Recent Trends Recent Developments of Japanese Criminal Law
This course is designed to introduce mainly Italian students
to an overview of Japan's system of criminal justice. It
deals with the status quo of crimes, the substantive and
procedural criminal law, prison and probation law, and
juvenile law in the light of comparative and international
criminal justice. In particular, the process of criminal
procedure will be examined in details, ranging from
investigation, prosecution, pre-trial, trial, to conviction
with reference to evidence rules. In addition, correctional
system and juvenile justice system will be explored from
the comparative points of view. Capital punishment, which
is retained in Japan, will also be the topic to be discussed,
though the number of execution is very small every year.
Lastly, recent issues including plea bargaining introduced in
2016 will be envisaged from international or global angles.
Participants are expected to grasp the historical
backgrounds of criminal justice in Japan.
The students will be provided with the
bibliography during the lessons.
During the lessons, the students will analyze
the bibliography and discuss the topics
encompassed in the program. As to facilitate
the comprehension of the various themes,
PPT slides will be shown.
Assessment methods and criteria
The final exam will be a written test. The
students will choose three open-ended
questions, within a group of five. Each answer
will be evaluated with no more than ten