This book examines the underlying principles of criminal law, both substantive and procedural law. In continental law countries, the analysis of substantive criminal law has relied heavily on concepts such as "retribution" and "free will" under the strong influence of German legal thought. However, these concepts often lack a scientific basis and mean little for the function of criminal law in the real world. Norms prohibiting criminal conduct are not mere "ideas," but intersubjectively existent objects that affect human behavior and function in unique ways. As such, their force naturally depends on their enforcement. These norms function as a determinant factor in the decisions made through human consciousness; otherwise, criminal law would have no deterrent effect. However, this does not mean that the freedom guaranteed in liberal democracy can be violated arbitrarily; its protection must be the second principle of criminal law. Based on these discussions, this book proposes to take normative determinism and utilitarianism as the basis of analysis, and to establish normative deterrence and the protection of freedom as the two pillars of criminal law. With regard to procedural criminal law, this book argues that we should look at the adversarial and inquisitorial systems in their actual function, rather than focusing on their respective ideological doctrines, and try to identify the common practical principles to be followed from a utilitarian point of view. In these discussions, the book extensively examines the historical background of the two systems and examines, as an example, the serious deficiencies of the current criminal justice system in the United States. What is argued and proposed in this book is a creative application and development, in the field of criminal law, of the theory elucidated by H.L.A. Hart and Jeremy Bentham.

Autorentext

Michiaki Ozaki

Born in 1952 in Fukui City, Japan, the author graduated from the Faculty of Law, University of Tokyo (LL.B.) and Harvard Law School (LL.M.). He worked for many years in public prosecutors' offices as a prosecutor and as an attorney for the Criminal Affairs Bureau, Ministry of Justice. He was involved in the investigation, prosecution and trial of

various crimes, including high-profile bribery cases, as well as criminal legislation and the negotiation of treaties such as the United Nations Convention against Transnational Organized Crime and the Rome Statute of the International Criminal Court. He also served as Director General of the Correction Bureau of the Ministry of Justice. Based on this extensive experience in the actual workings of the criminal justice system, as well as in-depth and continuous theoretical study and analysis of both substantive and procedural criminal law, he has published many articles in periodicals, including early works such as "The Science of Sentencing" (1989) and "Investigation of Organized Crime in the United States of America-Focusing on the Investigation of Federal Crime" (1995), which are included in this book. He published the Japanese version of this book in 2020 with the intention of proposing a basic theory of criminal law that is not based on dogmatic principles but on the scientific and empirical analysis of norm and utility, hoping that it will serve as a basis for further discussion and study in this field.