Article 40 of the Constitution of Japan
E458165
Article 40 of the Constitution of Japan is a provision that guarantees the right to claim compensation from the state for wrongful criminal detention or punishment.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Article 40 of the Constitution of Japan canonical | 1 |
Statements (29)
| Predicate | Object |
|---|---|
| instanceOf |
article of the Constitution of Japan
ⓘ
constitutional provision ⓘ |
| appliesTo |
persons who have been criminally detained
ⓘ
persons who have been punished in criminal proceedings ⓘ |
| cameIntoForceWith | Constitution of Japan of 1947 NERFINISHED ⓘ |
| category | fundamental human rights provision in the Constitution of Japan ⓘ |
| condition | detention or punishment must later be found wrongful ⓘ |
| country | Japan ⓘ |
| enforceableAgainst | state of Japan ⓘ |
| enshrinedIn | postwar Constitution of Japan NERFINISHED ⓘ |
| guaranteesRight |
right to claim compensation from the state
ⓘ
right to compensation for wrongful criminal detention ⓘ right to compensation for wrongful punishment ⓘ |
| historicalContext | post–World War II legal reforms in Japan ⓘ |
| jurisdiction | Japan ⓘ |
| language | Japanese ⓘ |
| legalDomain |
constitutional law
ⓘ
criminal procedure law ⓘ |
| normativeLevel | supreme law of the land in Japan ⓘ |
| obliges | state of Japan to compensate victims of wrongful criminal detention or punishment ⓘ |
| partOf | Constitution of Japan NERFINISHED ⓘ |
| protects |
individuals wrongfully subjected to criminal detention
ⓘ
individuals wrongfully subjected to criminal punishment ⓘ |
| purpose |
to protect individuals from harm caused by miscarriages of criminal justice
ⓘ
to provide a remedy for wrongful criminal detention or punishment ⓘ |
| relatedTo |
criminal justice system of Japan
ⓘ
human rights protections in Japan ⓘ state liability for wrongful acts ⓘ |
| typeOfRight | compensation right ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
Chapter III of the Constitution of Japan
→
containsArticle
→
Article 40 of the Constitution of Japan
ⓘ