Criminal Punishment Based on the Principle of Responsibility for One’s Actions

Criminal Punishment Based on the Principle of Responsibility for One’s Actions

Professor (Criminal Law)
NISHIOKA Masaki

Criminal law is the field of legal study that focuses on crimes and punishments. Because criminal punishment can be seen as a form of state-imposed harm, it is often referred to as the "last resort of social control."

One of the fundamental principles of criminal law is the principle of responsibility, commonly summarized by the maxim "no punishment without responsibility." In particular, many scholars support the principle of act responsibility, which holds that punishment should be based solely on the specific conduct committed by the offender.

From this perspective, important questions arise:
How should the legal system treat repeat offenders or habitual criminals?
What is the appropriate way to impose punishment when multiple offenses committed by the same individual are tried in a single criminal proceeding?

Different legal systems around the world approach these issues in diverse ways. Why do nations adopt different sentencing models for the same types of conduct?

Our research examines such questions through comparative legal analysis, exploring how punishment can be designed to align with the principle of act responsibility while effectively contributing to crime prevention.

▲A Scene from a Seminar