Peculiarities of the proof process in Japanese criminal procedure

In today’s open world, with the growing importance of the international component in the fight against crime, a legal professional naturally needs knowledge that goes beyond the national legal framework, including the institution of international legal assistance. Studying and comprehending the experience of criminal procedure in different countries of the world makes it possible to apply the relevant positive practices in Ukraine and improve the process of forming a legal culture in independent Ukraine. In particular, it is important to study the experience of criminal procedure in Japan, a country with the lowest crime rate among the industrialized countries of the world. Familiarization with this system should help to develop a comprehensive approach to improving criminal proceedings in Ukraine, which will contribute to the successful development of a democratic, social, and legal state. Currently, the process of combining different criminal procedural systems of the world is underway, but the Anglo-American system of criminal procedure has its own peculiarities that can be distinguished from other systems of criminal procedure. The criminal procedure legislation of Japan is quite specific. It reflects both continental and Anglo-Saxon models of law. In particular, the widespread use of precedent makes it similar to the Anglo-Saxon form, and the presence of prosecutorial supervision over the police during the investigation process - to the continental one. The problems of criminal procedural evidence are constantly attracting the attention of scholars. The scientific interest in the problems of collecting, verifying and evaluating evidence is not accidental and is explained by their importance for criminal proceedings. Evidence is a central, core component of criminal procedure. Proper evidentiary activity is a prerequisite for solving its tasks. Therefore, further research of both the general theoretical issues of criminal procedural evidence and its individual problematic aspects remains an important scientific task, the solution of which will contribute to improving the efficiency of domestic criminal proceedings and bringing them closer to European standards. The article examines certain peculiarities of criminal procedural evidence in Japan. The author examines the peculiarities of the process of proof at certain stages of the process, and analyzes the legal status of the subjects of proof. The materials of the article are of both theoretical and practical value. They can be used for further scientific research of the peculiarities of domestic criminal procedural evidence, as well as for proper understanding and implementation of its law enforcement criminal procedural activities.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-09-01
DOI
https://doi.org/10.24144/2307-3322.2024.83.3.28
Primary Topic
Legal Studies and Reforms
Type
article
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article

Peculiarities of the proof process in Japanese criminal procedure

I. L. Bespalko
Uzhhorod National University Herald Series Law
Legal Studies and Reforms
article

Peculiarities of the proof process in Japanese criminal procedure

I. L. Bespalko
article en

Abstract

In today’s open world, with the growing importance of the international component in the fight against crime, a legal professional naturally needs knowledge that goes beyond the national legal framework, including the institution of international legal assistance. Studying and comprehending the experience of criminal procedure in different countries of the world makes it possible to apply the relevant positive practices in Ukraine and improve the process of forming a legal culture in independent Ukraine. In particular, it is important to study the experience of criminal procedure in Japan, a country with the lowest crime rate among the industrialized countries of the world. Familiarization with this system should help to develop a comprehensive approach to improving criminal proceedings in Ukraine, which will contribute to the successful development of a democratic, social, and legal state. Currently, the process of combining different criminal procedural systems of the world is underway, but the Anglo-American system of criminal procedure has its own peculiarities that can be distinguished from other systems of criminal procedure. The criminal procedure legislation of Japan is quite specific. It reflects both continental and Anglo-Saxon models of law. In particular, the widespread use of precedent makes it similar to the Anglo-Saxon form, and the presence of prosecutorial supervision over the police during the investigation process - to the continental one. The problems of criminal procedural evidence are constantly attracting the attention of scholars. The scientific interest in the problems of collecting, verifying and evaluating evidence is not accidental and is explained by their importance for criminal proceedings. Evidence is a central, core component of criminal procedure. Proper evidentiary activity is a prerequisite for solving its tasks. Therefore, further research of both the general theoretical issues of criminal procedural evidence and its individual problematic aspects remains an important scientific task, the solution of which will contribute to improving the efficiency of domestic criminal proceedings and bringing them closer to European standards. The article examines certain peculiarities of criminal procedural evidence in Japan. The author examines the peculiarities of the process of proof at certain stages of the process, and analyzes the legal status of the subjects of proof. The materials of the article are of both theoretical and practical value. They can be used for further scientific research of the peculiarities of domestic criminal procedural evidence, as well as for proper understanding and implementation of its law enforcement criminal procedural activities.

Uzhhorod National University Herald Series LawVol. 3(83)
Openalex Percentile: Top 77%
Legal Studies and Reforms
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