WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS 

JAPAN

Tadashi Moriyama
Takushoku University

This country report is one of many prepared for
the World Factbook of Criminal Justice Systems
under Bureau of Justice Statistics grant No.
90-BJ-CX-0002 to the State University of New York
at Albany.  The project director was Graeme R.
Newman, but responsibility for the accuracy of the
information contained in each report is that of
the individual author.  The contents of these
reports do not necessarily reflect the views or
policies of the Bureau of Justice Statistics or
the U. S. Department of Justice. 

GENERAL OVERVIEW

1. Political system.  

     Although Japan has a federal system of
government, it is largely centralized.  One reason
for centralization, in addition to racial
homogeneity, is that it is considered very
important for the formal agencies to administer
the political and legal measures equally and on
the same basis over the territory.  In fact, apart
from the district traditions and cultures, there
is little difference, at least in the
administration of laws, between the center of
Japan, Tokyo, and the local areas. 
     The government is fundamentally divided into
executive, legislative, and judicial powers. 
There is also a parliamentary Cabinet system,
making the Cabinet a little stronger than the
other two powers. 
     Development of the contemporary Japanese
political system has been influenced by the
remains of the pre-war political system which was
based on the 19th-century German and British
parliamentary models.  The political system has
also been influenced by the Constitution of Japan,
which was largely authored by United States
government advisers early in the post-World War II
occupation.  Thus, the substance of the present
political system in Japan is a mixture of these
sources and Japanese traditional factors. 
     In 1947, a new Constitution, often called the
Peaceful Constitution, was established.  It
completely bans any wars and has strongly
influenced legislation passed in Japan during the
post-war period.  Constitutional Law moved most
dramatically toward democracy in its dealings with
the imperial family.  

2. Legal system.  

     The Japanese legal system has been
historically influenced by the Continental Laws,
namely, the German Criminal Law and the French
Civil Law.  However, after World War II, the
influence of American Law models has become more
dominant in all areas of jurisprudence because of
the closer relationship between United States and
Japan.  Areas affected have especially been
Constitutional Law and Criminal Procedure Law. 
Prior to 1868, when the Meiji Restoration brought
the Western legal systems to Japan, the Japanese
legal system had emulated Chinese laws.  Western
laws were introduced by the government during a
period of enthusiasm over the abolition of
treaties with Western countries that contained
unfair provisions for Japan, such as those denying
the right to impose custom duties.  Laws that were
imported to Japan were gradually reformed to adapt
to the Japanese nation.  Thus, the Japanese legal
system is a blend of the Continental,
Anglo-American and Oriental models. 
     Japanese tradition tries to avoid disputes,
particularly among community members.  Even as the
number of law suits has recently increased,
informal resolution without going to court is
still preferred.  Stemming from this aversion
toward legal formalities, the Japanese informal
system is based on mediation and arbitration.  In
fact, the number of practicing lawyers totals
12,000 over the entire country.  This number is
comparatively small, for a rate of one per 10,000
population versus one per 450 in the United
States.  

3. History of the Criminal Justice System.  

     Before the Meiji Era (1867-1912), the powers
of imperial family members, or the judges they
appointed, possessed a large amount of discretion,
which often resulted in the abuse of power. 
Capital punishment was the main measure of dealing
with offenders in the criminal justice system. 
Under feudalism, authorities frequently used the
death penalty against political rivals.  However,
after the Meiji Era, as Western culture was
introduced, the government established new laws
reflecting a gradually modernizing Japanese
society.  In 1907, criminal law and prison law
were passed in an effort to bring Japan into line
with Western countries.  However, the rights of
offenders did not become a main issue in the
criminal justice system until the post-war period. 
     Based on the new Constitution, Criminal
Procedure Law was radically changed toward the
adoption of an adversarial system. Under this
system, the roles of the police, the prosecutor,
and the judge changed.  Unfortunately, immediately
following this innovation, a series of cases
resulted in a miscarriage of justice partly
because the police were not accustomed to the new
system.  
     Although a jury system came into force in
1939, it was practically never used because of
inflexibility in the ongoing criminal justice
system at that time.  In addition, professional
judges have always enjoyed a high level of trust
in Japanese society. After the war, the police
began to carry guns instead of sabers, according
to the advice of the United States.
     Arguments were frequently made for reforming
the main laws such as the Criminal Law (1907), the
Juvenile Law (1947) and the Prisons Law (1907). 
However, plans for reform were controversial
because they addressed delicate issues, such as
the introduction of protective measures to
Criminal Law, juvenile punishment, or the
abolition of the practice of imprisoning
defendants in police cells.  Japanese society is
relatively conservative in its approach to reforms
and is generally inclined to oppose them.  The
government attempts to reform older laws by
issuing a series of supplements.

CRIME

1. Classification of Crime.

*Legal classification.  The three main categories
of crime under the Japanese Criminal Law are
crimes against the state, crimes against society
and crimes against individuals.  This law was
passed under the old Constitution which had mainly
focused on the power of the emperor and the state. 
As a result, crimes against the imperial family
and the state were highly emphasized.  While
crimes against the imperial family were abolished
after World War II, the fundamental structure of
this law was little changed.  Since there has been
no complete revision of the law, the law remains
fairly antiquated on the surface.
     The criminal justice system reflects the
state's task of protecting individual interests in
daily life.  Crimes against life, person, and
freedom include homicide, assault, bodily injury,
forcible rape, indecent assault, and kidnapping. 
Crimes against property include theft, fraud,
robbery, extortion, and embezzlement.  The concept
of theft has a very broad meaning and includes
burglary, shoplifting, and stealing the goods in a
car.  Stealing bicycles from in front of railway
stations is a typical theft according to criminal
statistics.  Crimes which significantly cause
social disorder, like arson, indecent behavior in
the public, and gambling, are usually placed in a
category of crimes against society.  Bribery is
considered a crime against the state.
     Special laws include firearms and sword
control law, laws for regulating business that
affects public morals, anti-prostitution laws,
anti-organized crime laws, and road traffic laws.  
There are a large number of traffic offenses,
indicating serious problems on roads in Japan. 
Annually, there are 11,000 deaths caused by
traffic accidents.  After a controversy involving
citizen's freedom of association in 1992, an
anti-organized crime law was passed in 1992, which
regulated the activity of Boryokudan crime
organizations.

*Age of criminal responsibility.  Persons younger
than 20 years of age are legally considered
juveniles.  According to the Juvenile Law,
juvenile cases go to Family court.  The court
subsequently determines the need to subject the
juvenile concerned to protective measures and the
most beneficial treatment for the juvenile. 
Possible measures include placement under the
supervision of probation officers, commitment to a
child education or training home or a house for
dependent children, and commitment to a juvenile
training school.   The Juvenile Law states that
juvenile cases should be in principle separated
from adult cases in terms of their future
development.  Although there are exceptions,
juveniles are criminally prosecuted when the case
involves a certain punishment in response to a
very serious offense.

*Drug offenses.  There are special laws regulating
cannabis, narcotics and psychotropics, stimulants
and opium.  Drug regulations cover punishment for
the use, trade, possession, and production of
drugs.  In the 1990's a new drug regulation was
introduced to conform to the standards of the
United Nations.  Toluene, thinner, and bonding
substances are regulated by special law as well. 
Their abuse is a serious problem among the youth,
partly because of their cheap price. 
     Drug abuse in Japanese society largely stems
from the use of amphetamine, which is largely
imported from other Asian countries.  Organized
crime is involved in the handling and production
of amphetamines and has become rich from this
activity. 

2. Crime statistics. 

Police, prosecution, court, correction and
after-care divisions each publish their own
statistics as a yearbook.  The Ministry of Justice
summarizes their statistics and publishes a book,
White Paper on Crime.  Because of the nationwide
unitary system of these agencies, such a complete
portrayal of the crime situation in Japan is
possible. The number of reported crimes which
follows is derived from the summary of the White
Paper on Crime, for 1990.

*Murder.  In 1990, there were 1,238 cases of
homicide reported to the police.

*Rape.  In 1990, there were 1,548 cases of rape
reported to the police.

*Larceny.  In 1990, there were 1,444,067 cases of
larceny reported to the police.

*Serious drug offense.  Information not obtained. 

*Crime regions.  Information not obtained. 

VICTIMS

1. Groups most victimized by crime.

     There is very little data collected
officially or privately about victims or
victimization. By nature, victimization in Japan
is generally not partial to a particular area,
class, sex or age.  However, according to a
special survey, aged persons are victimized at a
comparatively high rate by burglary, vandalism,
and traffic offenses. (White Paper on Crime, 1991:
272-273). 

2. Victims' assistance agencies.

     There are a few private organizations which
financially assist victims.  In light of the
emphasis on family in the community, victims have
tended to be assisted by their family members or
relatives, or other community members.  They are,
at times, compensated by the offenders themselves
or the offender's family.  There are also
organizations to help with psychological
counseling for the victims of forcible rape,
traffic accidents and child abuse. 

3. Role of victim in prosecution and sentencing.

     Information not obtained. 

4. Victims' rights legislation.  

     In 1981, a victim-oriented law came into
force, similar to the systems of New Zealand and
Britain.  This law provides that the state will
financially assist the victim, or, in cases of
violent crimes, the bereaved family.  The amount
of monetary benefit roughly ranges from 10,000 to
20,000 U.S. dollars, but, in 1990, although 42,000
violent crimes had occurred only 264 persons
received this benefit.  Thus, administration of
this system seems problematic; few persons in the
general public have knowledge about it.

POLICE 

1. Administration.

     The Police Law, enacted in 1945, in
conforming with principles such as rule of law and
local autonomy, aims at providing an efficient
police structure on a democratic base.  The police
structure consists of the national police and the
prefectural police.  Formerly, most police
agencies functioned as guards for the imperial
family.  Now, there is a mix of centralization and
decentralization in that police administration is
the responsibility of prefectural governments.
     The national level police organizations are
the National Police Safety Commission (NPSC) and
the National Police Agency (NPA).  Since the NPSC
makes basic policy and the NPA administers police
affairs, the NPSC has control over the NPA.  The
NPSC is a governmental body responsible mainly for
the administrative supervision of the police and
coordination of police administration.  It also
oversees matters relating to police education,
communication, criminal identification, criminal
statistics and police equipment.  To ensure its
independence and neutrality, not even the Prime
Minister is empowered to direct and give orders to
the NPSC.
     The NPA, which is headed by a Director
General, maintains Regional Police Bureaus as its
local agencies throughout the country.  There are
seven bureaus in the major cities, excluding Tokyo
and the northern island of Hokkaido.  Police law
stipulates that each prefectural government, which
is a local entity, shall have its own Prefectural
Police (PP).  The PP is supervised by the
Prefectural Public Safety Commission, which
carries out all police duties within the
boundaries of the prefecture. In practice, the PP
forces are located in each of the 47 prefectures. 
The National Police Academy, the National Research
Institute of Police Science and the Imperial Guard
Headquarters are also organizations affiliated
with the NPA.
     In addition, the Koban system provides local
residents with safety and peace through daily
contacts of police officers with residents in the
area.  Originally created by the Japanese police,
this system has been recently adopted by countries
such as Germany and Singapore.  However, its
success depends on the human relationship between
the police officers and the community people. At
times, there is an excess of intervention by
police.  The Koban system rests on approximately
15,000 police boxes (Hasshusho) and residential
police boxes (Chuzaisho) located throughout the
country.  

2. Resources.

*Expenditures.  There are two types of police
budgets: the national budget and the prefectural
budget.  The national police budget covers the
expenditures of the NPA relevant to the execution
of duties under its jurisdiction, including
personnel costs, expenses incurred by the
prefectural police which are shouldered by the
state, and subsidies to the PP.  Expenditures
needed by the PP to carry out their duties are
appropriated in the budget of each prefecture.
     In 1992, the NPA budget totalled 213,464
billion yen and the PP budget totalled 2,992,454
million yen (270 billion USD).  
     The total National Police Agency Budget for
the 1990 fiscal year was 198,420 billion yen, of
which 41.5% (82,282 billion yen) went toward
personnel expenses, 14.5% (28,870 billion yen)
went toward equipment, communications, and
facilities, 18.2% (36,149 billion yen) were
allocated toward other expenses, and 25.8% (51,119
billion yen) went toward subsidies for Prefectural
Police.  In all, 74.2% of the total (147,301
billion yen) went toward NPA expenses.

*Number of police.  The NPA and the PP personnel
forces are composed of police officers, officers
of the Imperial Guard Headquarters, and civilian
employees such as clerical workers and technical
engineers.  In 1990, there were about 258,800
authorized full-time police personnel.  The ratio
of police to population is about one officer to
556 citizens.  
     The NPA is comprised of approximately 7,600
personnel, of whom 1,200 are police officers, 900
are Imperial Guards and 5,500 are civilian
personnel.  The 47 PP forces have a total strength
of approximately 250,000, of whom 220,000 are
police officers and 30,000 are civilians. 
     There are approximately 4,200 female police
officers (1.6%), whose role has been growing in
importance.  In addition, there are about 14,000
female civilians, of whom about 3,100 are traffic
control personnel and juvenile guidance personnel
engaged in on-the-street juvenile control.   

3. Technology.

*Availability of police automobiles.  Motor
vehicles are assigned to all police boxes
throughout the country.  Because of their
mobility, they are useful in handling emergency
cases, investigating criminal activity, and
enforcing traffic control.  As of 1994, there are
approximately 26,000 police motor vehicles,
including 5,000 patrol cars, 3,000 traffic police
motorcycles, 5,000 vehicles employed for criminal
investigation and 2,500 transport vehicles.  In
addition, about 200 police boats and 60
helicopters are assigned to each jurisdiction.

*Electronic equipment.  Network technology
includes police telephone circuits, facsimile, an
integrated system for police activities, a
communication command system and mobile radio
system, portable radio sets, a communication
satellite, and multi-channel mobile telephone
cars.

*Weapons.  After World War II, the United States
advised Japanese police to require individual
police officers to carry guns, whereas they used
to carry only sabers.  However, few guns are
actually used.  One problem is that offenders may
initially attack police in order to obtain guns. 

4. Training and Qualifications.

     Recruited police officers must immediately
attend a three-part training course, consisting of
preservice, on-the-job, and a comprehensive
training course.  Those recruited by the PP are
enrolled in a 1-year preservice training course at
their respective police academies.   

5. Discretion.

*Use of force.  Information not obtained.

*Stop/apprehend a suspect.  Information not
obtained.

*Decision to arrest.  Information not obtained.

*Search and seizure.  Information not obtained.

*Confessions.  Admissions of testimony in court
may not include confessions made under compulsion,
torture or threat, or after prolonged detention or
confinement.  Conviction or punishment cannot be
permitted where the only proof against the
defendant is his or her own confession.  

6. Accountability.

Information not obtained.

PROSECUTORIAL AND JUDICIAL PROCESS

1. Rights of the accused.

*Rights of the accused.  The Constitution is the
source of individual rights in the setting of
criminal investigations and trial.  Article 31
declares, "No person shall be derived of life or
liberty, nor shall any other penalty be imposed,
except according to procedure established by law,"
which is regarded as the principle of due process. 
Article 33 covers protection from illegal arrest:
"no person shall be arrested except upon a warrant
issued by a competent judicial official, which
specifies the offense with which a person is
charged...,".  Article 34 protects persons from
illegal confinement and Article 35 protects
persons from illegal deprivation of residence and
property. 
     Provisions directly governing trial
proceedings provide that admissions of testimony
must be compelling.  There are also rights
guaranteeing a speedy and public trial, full
opportunity to examine all witnesses, and legal
counsel by lawyers employed by the state if the
accused cannot afford a private lawyer.  In
addition, a person cannot incur criminal liability
if the act was lawful at the time it was
committed, and cannot be subject to conviction for
the same crime twice (double jeopardy).

*Assistance to the accused.  The state must
provide legal counsel if the defendant cannot
afford a private lawyer. 

2. Procedures.

*Preparatory procedures for bringing a suspect to
trial.  Procedure in criminal prosecutions is
uniform throughout Japan, and based primarily on
the 1948 Code of Criminal Procedure and the 1949
Rules of Criminal Procedure under the
Constitutional Law, reflecting Anglo-American
legal concepts in contexts important to the
protection of human rights.  
     When police investigation is completed,
police must refer the matter, including the
evidentiary data, immediately to a public
prosecutor.  If the matter involves confining a
suspect, they must refer the case to the public
prosecutor within 48 hours of the suspect's arrest
after which a determination is made concerning
pre-trial detention.
     The jury system has, for all practical
purposes, been suspended.  There are no procedures
equivalent to a guilty plea.  That is, even if the
defendant acknowledges guilt, the prosecutor must
submit evidence to establish guilt.  Further,
since the Japanese procedural system does not
include pre-sentence investigations and reports by
probation officers, evidentiary data bearing on
the sentencing must be presented by the parties to
the case, to be supplemented by the court's own
inquiries.  In this context, the court is the
exclusive trier of fact, which consists of the
physical evidence and, when that is the case, the
confession of the accused as well as any witnesses
testimony. 

*Official who conducts prosecution.    Only
prosecutors are empowered to institute the
prosecution of a criminal case and to direct the
enforcement of criminal sentences.  They have a
large amount of discretion in controlling and
directing criminal cases. (Japanese Criminal
Procedure Code, Art.248).  Accordingly, they have
the power to suspend prosecution even when they
can prove the offender committed a crime.
     They can also investigate all categories of
criminal cases on their own initiative, without
assistance from the police and other law
enforcement agencies.  Special cases, such as
bribery involving highly placed government
officials or corporate crimes involving a breach
of trust by executives are often investigated by
prosecutors.  The increasing frequency of the
occurrence of these special cases have emphasized
the importance of the prosecutor's investigative
powers.
     Under the Supreme Public Prosecution Office
are 8 higher offices, 50 district offices and 810
local offices.  As of 1990, there were about 1,100
prosecutors and 900 assistant public officers, who
are all appointed by the central government. 

* Alternatives to trial.  Information not
obtained.  

*Proportion of prosecuted cases going to trial. 
Japan has a low rate of acquittals and high rate
of convictions.  In 1988, there were 57,790
accused persons tried in first-instance courts, of
which only 50 (0.01%) were found not guilty. 
Defense lawyers generally prefer the introduction
of mitigating circumstantial evidence rather than
arguing with the prosecutor.  In addition, both
practicing lawyers and judges regard criminal
cases as being less attractive than other types of
cases.

*Pre-trial incarceration conditions.  If the
public prosecutor believes that continued
detention of the accused is needed, he or she must
apply to a judge for a warrant of detention.  This
warrant must be applied for within 24 hours after
police transfer to the prosecutor, or a maximum of
72 hours from the time of arrest. 
     If reasonable grounds to detain a suspect
exist, the judge must promptly issue a warrant or
order of detention at a maximum of 10 days before
prosecution is instituted.  Reasonable grounds are
determined by three criteria: 1) whether the
suspect has a fixed dwelling, 2) whether the
suspect might destroy evidence and; 3) whether he
might flee the jurisdiction.

*Bail Procedure.  Information not obtained.  

*Proportion of pre-trial offenders incarcerated. 
Information not obtained.  

JUDICIAL SYSTEM

1. Administration.    

Supreme Court.  The hierarchy of the court
structure in Japan places the Supreme Court at the
highest level, under which High courts and
District courts are located in their own
jurisdictions.  The Supreme Court exercises
appellate jurisdiction.  The Grand Bench of the
Supreme Court deals mainly with the constitutional
affairs and the Petty Bench deals with the rest.  

High Courts.  High courts are located in 8 major
cities, with each court having jurisdiction over
one of the 8 regions into which Japan is divided. 
As a rule, their jurisdiction extends to appeals
rendered against the judgments of district courts,
family courts and summary courts.  

District Courts.  There are 50 district courts
handling cases within a judicial district, or the
geographical area which corresponds to a given
prefecture. The courts are subdivided into 201
branches.  District courts are generally primary
courts of first-instance or original jurisdiction. 
They do not hear family court and summary court
cases. 

Summary Courts.  Summary courts are located in
cities, towns and villages and have original
jurisdiction in criminal cases involving offenses
punishable by a fine or lesser punishment, and
other minor offenses such as theft of bicycles. 
There are 452 Summary courts.    

2. Special Courts. 

Family Courts.  Family courts are established in
each judicial district, and deal with cases of
juvenile delinquency and family concerns, such as 
domestic affairs. 

3. Judges.

*Number of judges.  The Supreme Court consists of
the Chief Justice and 14 Justices, of which one is
female.  There are a total of about 280 High court
judges. The District Courts are staffed by about
910 judges and 460 assistant judges.  There are
about 800 Summary court judges throughout the
country. 

*Appointment and qualifications.  The recruitment
system in the Japanese judicial agencies is based
on the National Judicial Examination.  Candidates
for judgeships, prosecutors, and practicing
lawyers must pass this national level examination. 
The examination is so competitive that only 700 in
24,000 candidates pass yearly.  The average age of
the candidates is 29.  After the candidates pass
the exam, they train for their profession for two
years at the Training Institute.     

PENALTIES AND SENTENCING

1. Sentencing Process.

*Who determines the sentence?  Information not
obtained.  

*Is there a special sentencing hearing? 
Information not obtained.  

*Which persons have input into the sentencing
process?  Information not obtained.  

2. Types of Penalties.

*Range of penalties.  Under Japanese Criminal Law,
there are six main penalties: death, imprisonment
with labor, imprisonment without labor, fines
(more than 10,000 yen), penal detention (short
imprisonment up to 30 days), and minor fines (less
than 10,000 yen). 
     There are also supplementary penalties, such
as the forfeiture or confiscation of physical
objects used in the commission of offenses or
obtained as a result of the crime. 

*Death penalty.  There are 14 categories of
offenses punishable by the death penalty, but in
practice only murder and robbery that results in
the death of the victim, result in a death
penalty.  The Juvenile Law prohibits the death
penalty from being imposed on anyone below 18
years old.  
     The method of execution is hanging.  In
recent years, use of the death penalty has been
controversial and there has been a movement toward
its abolition.  This movement has been powered in
part by the United Nations' decision on abolition
and a series of cases in which miscarriages of
justice occurred.  However, polls indicate that
the general public approves of the death penalty.
     From 1988 to 1992, the number of defendants
sentenced to capital punishment has decreased. 
Executions substantially depend on the will of the
Minister of Justice.  In the 3 years between 1990
and March 1993, there were no executions.  Since
March of 1993, seven prisoners have been executed. 
Presently, there are many in prison awaiting
execution.  The numbers of inmates sentenced to
capital punishment in recent times are: 12 (1988),
5 (1989), 6 (1990), 5 (1991), and 5 (1992).

PRISON 

1. Description.

*Number of prisons and type.  In 1992, there were
59 prisons, 8 juvenile prisons, 3 medical prisons,
7 detention centers, 8 branch prisons, 2 medical
branch prisons, and 107 branch detention centers
throughout Japan. Juvenile correctional
institutions include 54 juvenile training schools,
52 juvenile classification homes, and 1 branch
juvenile classification home.  There are 6
prisons for females.
     Not until 1969 were open prisons first
established in Japan.  When the United Nations
Congress on Crime Prevention and Treatment of
Offenders was held in Kyoto in 1970, the
government planned to build the open prisons
exclusively for offenders convicted of traffic
offenses, which are considered serious offenses in
Japan.  In 1989, there were eight institutions for
traffic offenders.  For the other offenders,
open-type "live in" camps serve as a form of
intermediate prison for persons whose release is
imminent. 

*Number of prison beds.  As of the end of 1992,
there were 63,773 prisoners, using 70.7% of prison
bed capacity.    
     Because of the shortage of prison cells for
nonconvicted persons, the Prison Law police cells
to be used even after persons are committed to a
prosecuting agency.  However, this situation
threatens human rights in that the persons
concerned cannot communicate with other persons
from inside the police cell.  Cases resulting in a
miscarriage of justice have occurred involving
police pressure to extract a confession.  Due to
financial reasons, the Ministry of Justice has
emphasized the difficulty of constructing more
prison cells.  In light of the international
criticism given to this situation (Daiyo-Kangoku),
it is expected that the government will eventually
decrease the use of police cells and construct
more prison cells.

*Number of annual admissions.  In 1992, a total of
22,296 persons were newly admitted to penal
institutions, of which 20,864 were newly sentenced
prisoners.  Also in 1992, 4,356 juvenile school
trainees and 1,051 inmates of juvenile
classification homes were admitted.

*Average daily population/number of prisoners.  In
1992, the average daily population of prisoners
was 44,875, of which 37,522 were convicted
inmates. 

*Actual or estimated proportions of inmates
incarcerated. Information not obtained.  

2. Administration.

*Administration.   All prisons are administered by
the central government, that is, by the
Correctional Bureau of the Ministry of Justice. 
There are no local or private prisons.

*Number of prison guards.  In 1989, penal
institutions in Japan were staffed by about 17,000
officials and employees, which included 820
governors, 1,500 assistant governors, 12,000
guards and 1,200 specialists.  Among the 2,500
staff members of juvenile training schools, there
were 130 administrators, 2,000 instructors, 90
medical specialists, and 1,200 other staff
members.  Among the 1,200 staff members of
juvenile classification homes, there were 120
administrative officers and 230 classification
specialists and instructors.

*Training and qualifications.  Information not
obtained.  

*Expenditure on prison system.  Information not
obtained.  

3. Prison conditions. 

*Remissions.  While probation procedures can be
conducted by volunteer persons or groups, the
situation of offender after-care is more
formalized.  The Rehabilitation Bureau of the
Ministry of Justice officially administers the
general practices of after-care, such as
probation services, parole supervision and
community-based treatment. However, in reality,
many citizens cooperate with the officers in doing
these tasks. In fact, the number of salaried
probation officers is only 850 throughout all
Japan.  This is supplemented with a system of
Volunteer Probation Officers (Hogoshi) which
involves 48,000 volunteer probation officers who
are appointed by the Ministry of Justice.  The
officers must be qualified, have a confidence and
reputation in the community, enthusiasm, time,
availability, financial stability and good health.
In 1922, the government adopted the volunteer
probation officer system for treatment of juvenile
delinquency and extended the system's use to adult
treatment after World War II.
     Nongovernmental bodies, authorized by the
government organize rehabilitation aid hostels or
halfway-houses which provide accommodation for
offenders released from penal institutions.   In
1992, the number of probationers and parolees
totaled 90,419, of which juveniles comprised the
majority of clients. 

*Work/education.  In principle, treatment in Japan
is based on rehabilitation of offenders, with the
objective of individualized treatment of offenders
to correct their criminal inclination and secure
their reintegration into the community where they
will live.  A system of scientific classification
of offenders has been adopted in order to
individualize such treatment.  However, this
progressive system, in which an offender gradually
obtains freedom in proportion to his or her
efforts while serving the prison sentence, has
become less useful for rehabilitation because it
has come to be regarded as an absolute necessity
for every prisoner. 
     In general, most Japanese prisons own their
own factory.  Treatment of prisoners is mainly
focused on work in the factory, usually for 8
hours a day.

* Amenities/privileges.  Information not
obtained.  

EXTRADITION AND TREATIES

*Extradition.  Information not obtained.  

*Exchange and transfer of prisoners.  Information
not obtained.  

*Specified conditions.  Information not obtained.  

SOURCES

Moriyama T., "Citizen Associations and the
     Volunteer Probation Officer", UNICRI (ed.),
    (In)formal Mechanisms of Crime Control, 1988.
Moriyama, T. "The Response to Delinquency by
     Formal Agencies in Japan", J. Hackler (ed.),
     Official responses to Problem Juveniles, the
     Onate International Institute, 1991. 
National Police Agency.  The Police of Japan,
     1991. 
Summary of the White Paper on Crime 1991 Research
     and Training Institute of Ministry of
     Justice.
Shkita, M. and Tsuchiya, S.,  Crime and Criminal
     Policy in Japan.  (Springer-Verlag), 1992.

Tadashi Moriyana
Associate Professor
Takushoku University
3-4-14 Kohinata, Bunkyo
Tokyo  112
Japan

Fax:  81-424-72-9791