Establishing Intent – in Japan and Germany

Prof. Mayako Suganuma, Otaru (Japan), provides an insight into parts of her research at the conclusion of her research year with Prof. Gaede

Research & Faculty |

On September 3, 2025, the criminal law faculty at the Law School welcomed a group of Japanese researchers for a pleasant occasion. Prof. Mayako Suganuma, Otaru University of Economics (Japan), had chosen the topic of establishing intent to familiarize the audience with her research. Together with her German and Japanese colleagues, she was able to discuss the similarities and differences in the problems currently facing subjective attribution in both legal systems. 

Prof. Suganuma primarily explained how Japanese jurisprudence addresses problems of proof regarding import and possession offenses, particularly in the context of drug trafficking and the acquisition of stolen goods, for example, following so-called shock calls. In the drug trade, this particularly applies to couriers, for whom it remains to be clarified whether they had sufficient knowledge of the items being transported.

Moderated by Prof. Gaede, the main participants discussed the implications of the lecture, which was also attended by the Honorary President of the German-Japanese Lawyers Association Dr. Jan Grotheer. 

Katrin Walle's question provided the audience with a deeper understanding of the Japanese concept of intent. Prof. Dr. Thomas Rönnau's questions focused in particular on a possible departure in Japanese jurisprudence from the criterion of current knowledge. The speaker herself also considered this line of reasoning worthy of criticism. Karsten Gaede suggested that Prof. Suganuma should also include the German debate on participant intent in her legal comparison with regard to the spoils cases.

Text

Felix Tim Fischer