KUROSAWA Mutsumi
Department Undergraduate School , School of Law Position Professor |
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Language | English |
Publication Date | 2013/03 |
Type | Bulletin of Universities and Institutes |
Title | Victim's Criminal Complaint and Restorative Justice (被害者の告訴と修復的司法) |
Contribution Type | Sole-authored |
Journal | The Meiji Law Journal |
Journal Type | Japan |
Publisher | The Institute of Law, Meiji University |
Volume, Issue, Page | 20,pp.19-24 |
Details | In the early Meiji Era (1868-1890), the Kokuso (criminal complaint) functioned similar to complaints processed according to civil procedure. The Kokuso assumed a purely public function. However, the Kokuso can be considered a victim's right to seek an appropriate investigation and obtain information as well as seek an appropriate prosecution. Prosecutors cannot prosecute offenders according to the Shinkoku-zai (offense prosecuted only upon a criminal complaint) without the Kokuso. Therefore, the Kokuso is a victim's right to stop prosecution, and thus stop investigation. Provisions of the Shinkoku-zai have purposes of settlement according to communities and/or parties. Moreover, the provision of the Shufuku (surrender him/herself to a person with the right to make the complaint), which is applied to all Shinkoku-zai, provides an opportunity for a restoration and apology. Considering these purposes, the Shinkoku-zai is considered as having a background in Restorative Justice. |