CONTENTS

CHAPTER 1 S
 TRUCTURE AND ORGANIZATION OF THE CRIMINAL JUSTICEADMINISTRATION… ………………………………………………………………
POLICE………………………………………………………………………………………
I.
A. Overview……………………………………………………………………………………
B. National Police Organization… ……………………………………………………………
1. The National Public Safety Commission… …………………………………………
2. The National Police Agency… ………………………………………………………
C. Local Police Organization… ………………………………………………………………
1. The Prefectural Public Safety Commission……………………………………………
2. Prefectural Police Headquarters… ……………………………………………………
II. PROSECUTION… …………………………………………………………………………
A. Qualification… ……………………………………………………………………………
B. Organization… ……………………………………………………………………………
C. Functions and Jurisdiction… ………………………………………………………………
D. Status (Independence and Impartiality)… …………………………………………………
III. COURTS… …………………………………………………………………………………
A. Structure……………………………………………………………………………………
1. Introduction……………………………………………………………………………
2. The Supreme Court……………………………………………………………………
3. The High Court… ……………………………………………………………………
4. The District Court… …………………………………………………………………
5. The Family Court… …………………………………………………………………
6. The Summary Court… ………………………………………………………………
B. Judges………………………………………………………………………………………
1. Appointment of Judges… ……………………………………………………………
2. Categories and Qualifications of Judges………………………………………………
IV. CORRECTIONS… …………………………………………………………………………
A. Organization of the Correctional Administration… ………………………………………
1. Penal Institutions………………………………………………………………………
2. Juvenile Correctional Institutions… …………………………………………………
B. Correctional Officials… ……………………………………………………………………
V. REHABILITATION…………………………………………………………………………
A. Organization and Function…………………………………………………………………
B. Personnel……………………………………………………………………………………
1. Probation Officers… …………………………………………………………………
2. Rehabilitation Co-ordinators… ………………………………………………………
C. Volunteers and the Voluntary Sector… ……………………………………………………
1. Volunteer Probation Officers… ………………………………………………………
2. Juridical Persons for Offenders Rehabilitation Services………………………………
3. Others… ………………………………………………………………………………

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CHAPTER 2 THE CRIME SITUATION IN JAPAN… ……………………………………………
PENAL CODE OFFENCES…………………………………………………………………
I.
A. Trends in Penal Code Offences… …………………………………………………………
B. Trends in Some Major Crimes… …………………………………………………………
II. SPECIAL LAW OFFENCES… ……………………………………………………………

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CHAPTER 3 CRIMINAL JUSTICE FLOW CHART ………………………………………………

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CHAPTER 4 PRE-TRIAL CRIMINAL PROCEDURE ……………………………………………
INTRODUCTION… ………………………………………………………………………
I.
II. CONSTITUTIONAL SAFEGUARDS………………………………………………………
III. INVESTIGATIVE AGENCIES… …………………………………………………………
IV. INVESTIGATION PROCESS………………………………………………………………
A. Overview……………………………………………………………………………………
B. Arrest… ……………………………………………………………………………………
C. Post-Arrest Procedure………………………………………………………………………
D. Collection of Evidence… …………………………………………………………………
1. Taking Statements… …………………………………………………………………
2. Interrogation of Suspects………………………………………………………………
3. Searches and Seizures…………………………………………………………………
E. The Right to Counsel… ……………………………………………………………………
F. Bail… ………………………………………………………………………………………
V. DISPOSITION OF CASES… ………………………………………………………………
A. Monopolization of Prosecution… …………………………………………………………
1. Principle… ……………………………………………………………………………
2. Exception………………………………………………………………………………
B. Forms of Prosecution… ……………………………………………………………………
1. Formal Prosecution (Indictment)………………………………………………………
2. Summary Prosecution (Request for a Summary Order)………………………………
C. Non-prosecution of Cases… ………………………………………………………………
1. No Offence Committed… ……………………………………………………………
2. Insufficiency of Evidence… …………………………………………………………
3. Suspension of Prosecution… …………………………………………………………
D. Safeguards against Arbitrary Disposition… ………………………………………………
1. Internal Administrative Review… ……………………………………………………
2. Committee for Inquest of Prosecution…………………………………………………
3. Quasi-Prosecution… …………………………………………………………………
E. Victim Notification Programme… …………………………………………………………

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CHAPTER 5 TRIAL PROCESS ……………………………………………………………………
I.
SOME BASIC PRINCIPLES AND CHARACTERISTICS… ……………………………
A. Presumption of Innocence… ………………………………………………………………
B. Public Trials… ……………………………………………………………………………
C. Right to Remain Silent… …………………………………………………………………

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D. Right to Counsel……………………………………………………………………………
E. Adversarial Procedure………………………………………………………………………
F. No Arraignment… …………………………………………………………………………
G. Single Stage Procedure… …………………………………………………………………
II. Saiban-In Trials………………………………………………………………………………
III. TRIAL PROCEEDINGS… …………………………………………………………………
A. Procedure before Trial… …………………………………………………………………
1. Introduction……………………………………………………………………………
2. Disclosure… …………………………………………………………………………
3. Pretrial Conference Procedure…………………………………………………………
B. Trial…………………………………………………………………………………………
1. Opening Proceeding… ………………………………………………………………
2. Examination of Evidence… …………………………………………………………
3. Questioning of Defendants……………………………………………………………
4. Closing Arguments… …………………………………………………………………
C. Rules of Evidence… ………………………………………………………………………
1. Hearsay Rule… ………………………………………………………………………
2. Hearsay Exceptions……………………………………………………………………
3. Confessions……………………………………………………………………………
4. Exclusionary Rule… …………………………………………………………………
D. Adjudication and Sentencing… ……………………………………………………………
E. Length of Trial… …………………………………………………………………………
IV. APPEALS……………………………………………………………………………………
A. Koso Appeals… ……………………………………………………………………………
B. Jokoku Appeals… …………………………………………………………………………
V. EXTRAORDINARY REMEDIES… ………………………………………………………
VI. PUNISHMENT………………………………………………………………………………
A. Categories… ………………………………………………………………………………
1. Overview………………………………………………………………………………
2. Death Penalty… ………………………………………………………………………
3. Imprisonment… ………………………………………………………………………
4. Fine, Misdemeanour Imprisonment without Work, Petty Fine… ……………………
B. Suspension of Execution of Sentence………………………………………………………
C. Outcomes of Court Proceedings……………………………………………………………
1. Formal Trials… ………………………………………………………………………
2. Summary Proceedings…………………………………………………………………
D. Parole… ……………………………………………………………………………………
VII. COMPENSATION FOR INNOCENCE… …………………………………………………
VIII. SPECIAL PROCEDURES FOR JUVENILE CASES………………………………………

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CHAPTER 6 CORRECTIONAL SERVICE … ……………………………………………………
I.
INTRODUCTION… ………………………………………………………………………
II. EFFECTIVE TREATMENT OF INMATES IN PENAL INSTITUTIONS…………………
A. Trends in the Inmate Population in Penal Institutions… …………………………………

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B. Philosophy of the Treatment of Inmates……………………………………………………
C. Correctional Treatment of Sentenced Inmates… …………………………………………
1. Assessment for Treatment… …………………………………………………………
2. Prison Work……………………………………………………………………………
3. Guidance for Reform… ………………………………………………………………
4. Guidance in School Courses… ………………………………………………………
D. Complaints Mechanism… …………………………………………………………………
1. Claim for Review and Reclaim for Review… ………………………………………
2. Report of Cases… ……………………………………………………………………
3. Filing of Complaints… ………………………………………………………………
E. Penal Institution Visiting Committee… ……………………………………………………
III. EFFECTIVE TREATMENT OF JUVENILES IN JUVENILE TRAINING SCHOOLS…
A. Overview……………………………………………………………………………………
1. Structure of Juvenile Training Schools… ……………………………………………
2. Outline of the Treatment Process… …………………………………………………
B. Correctional Education… …………………………………………………………………
1. Living Guidance… ……………………………………………………………………
2. Vocational Guidance… ………………………………………………………………
3. Academic Education… ………………………………………………………………
4. Health and Physical Education… ……………………………………………………
5. Special Activities………………………………………………………………………
C. Medical Care… ……………………………………………………………………………

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CHAPTER 7 REHABILITATION OF OFFENDERS … …………………………………………
I.
PROBATION AND PAROLE… ……………………………………………………………
A. Overview……………………………………………………………………………………
1. Juvenile Probationers… ………………………………………………………………
2. Juvenile Parolees………………………………………………………………………
3. Adult Parolees…………………………………………………………………………
4. Adult Probationers… …………………………………………………………………
B. Parole Procedure……………………………………………………………………………
1. Parole Examination……………………………………………………………………
2. Parole Decision… ……………………………………………………………………
3. Pre-parole Inquiry by Probation Officers… …………………………………………
C. Probation and Parole Conditions… ………………………………………………………
1. General Conditions……………………………………………………………………
2. Special Conditions… …………………………………………………………………
3. Life and Conduct Guidelines… ………………………………………………………
D. Implementation of Probation and Parole… ………………………………………………
1. General Framework……………………………………………………………………
2. Intake Interviews and Treatment Plans… ……………………………………………
3. Role of Probation Officers and Volunteer Probation Officers…………………………
4. Day Offices……………………………………………………………………………
5. Progressive Treatment…………………………………………………………………

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6. Categorized Treatment… ……………………………………………………………
7. Treatment Programmes as Special Probation Conditions… …………………………
8. Short -Term Programmes for Juvenile Probationers… ………………………………
9. Comprehensive Job Assistance Scheme………………………………………………
10. National Centre for Offenders Rehabilitation Project… ……………………………
E. Termination of Probation and Parole… ……………………………………………………
1. Measures for Good Conduct… ………………………………………………………
2. Measures against Bad Conduct… ……………………………………………………
F. Outcome of Probation and Parole… ………………………………………………………
II. AFTERCARE OF DISCHARGED OFFENDERS… ………………………………………
III. PARDONS… ………………………………………………………………………………
IV. MEASURES FOR CRIME VICTIMS………………………………………………………
V. MEDICAL HEALTH SUPERVISION………………………………………………………
VI. CRIME PREVENTION ACTIVITIES………………………………………………………

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APPENDICES … …………………………………………………………………………………
Appendix 1 Number of known cases, crime rate, number of cleared cases, clearance rate,
and number of offenders cleared of Penal Code offences (1946-2009)… ………
Appendix 2 Number of known cases, number of cleared cases, and number of offenders
cleared of Penal Code offences, by type of major offence (1998-2009)…………
Appendix 3 Average daily number of inmates of penal institutions (1950-2009)… …………
Appendix 4 Frequency of imprisonment of newly admitted inmates, by type of offence(2009) … ………………………………………………………………………
Appendix 5 Number of parole applications, grants, and rejections (1949-2009)… …………
Appendix 6 Number of newly received probationers and parolees (1949-2009)… …………

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CRIMINAL JUSTICE IN JAPANCHAPTER 1 STRUCTURE AND ORGANIZATION OF THE CRIMINALJUSTICE ADMINISTRATIONI.

POLICEA.

Overview

The police are the primary investigative agency in Japan. Police responsibilities under the Police
Act include “protecting life, person, and property; preventing, suppressing, and investigating crimes;
apprehending suspects; traffic enforcement; and maintaining public safety and order.”Actual police duties are executed by prefectural police organizations, while the national police
organization undertakes: the planning of police policies and systems; control of police operations on
national safety issues; and co-ordination of police administration.
As of 2010, the authorized police strength is 291,475 nationwide, of which 7,709 belong to the
National Police Agency and 283,766 to the prefectural police forces.
B.

National Police Organization

The National Public Safety Commission and the National Police Agency [hereinafter NPA] constituteJapan’s national police organization.
1.

The National Public Safety Commission

The National Public Safety Commission is an administrative board that exercises administrative
supervision over the NPA. The Commission is composed of a Chairman, who is a Minister of State, andfive members appointed by the Prime Minister to a five-year term with the consent of both houses of theDiet. While the Commission is under the jurisdiction of the Prime Minister, the Prime Minister is not
empowered to exercise direct command and control over the Commission. The rationale for adopting sucha structure was to establish democratic administration of the police and to ensure its political neutrality.
The Commission formulates basic policies and regulations, co-ordinates police administration onmatters of national concern, and authorizes general standards for training, communication, forensics,
criminal statistics, and equipment.
The Commission appoints the Commissioner General of the NPA and senior officials of prefectural
police organizations, and indirectly supervises prefectural police organizations through the NPA.
2.

The National Police Agency

The NPA is headed by the Commissioner General, who is appointed by the National Public Safety
Commission with the approval of the Prime Minister. The Commissioner General, under the administrative
supervision of the Commission, administers the Agency’s operations and supervises and controls prefectural
police organizations within the agency’s defined duties. NPA duties include planning and research on
police systems; the national police budget; police communications; training; equipment; forensics; andcriminal statistics.
The National Police Academy, the National Research Institute of Police Science and the Imperial
Guard Headquarters are attached to the NPA. The National Police Academy holds training courses forsenior police officers. The National Research Institute of Police Science conducts a broad range of analysis,−1−

identification and research work that requires specialized knowledge and skills in biology, medicine andother disciplines. The Imperial Guard Headquarters provides escorts for the Imperial Family and is
responsible for the security of the Imperial Palace.
C.

Local Police Organization

The Prefectural Public Safety Commission and thePrefectural Police Headquarters constitute the local police
organization. Each of the 47 prefectures of Japan has one
Prefectural Public Safety Commission and one Prefectural
Police Headquarters.
1.

The Prefectural Public Safety Commission

The Prefectural Public Safety Commissions areunder the jurisdiction of elected prefectural Governors.
The Commissions have three to five members who areappointed by the Governors with the consent of theprefectural assemblies.
The Commissions exercise administrative supervision
over the prefectural police by formulating basic policies
and regulations for police operations. However, they
are not authorized to supervise individual investigationsor specific law enforcement activities of the prefectural
police.
2.

Tokyo Metropolitan Police Department

Prefectural Police Headquarters

Prefectural Police Headquarters take charge of executing the actual police duties of protecting life,
person, and property; preventing, suppressing, and investigating crimes; apprehending suspects; traffic
enforcement; and maintaining public safety and order. The Prefectural Police Headquarters for Tokyo iscalled the Metropolitan Police Department and is the largest such prefectural headquarters in Japan.
Police stations are under the command of their respective Prefectural Police Headquarters, and as of2010, there are 1,184 police stations nationwide. Koban (police boxes) and Chuzaisho (residential police
boxes) are subordinate units of police stations, and as of 2010, there are 6,232 Koban and 6,847 Chuzaishonationwide.

II.

PROSECUTION

A.

Qualification

In Japan, judges, public prosecutors, and private attorneys have the same qualifications. To become
a qualified lawyer in Japan, in principle, applicants must pass the National Bar Examination, complete a
period of training, and pass the final national exam.
Previously, there were no eligibility requirements for the National Bar Examination, and the ratio of
successful candidates was approximately 2 to 3%. After passing the National Bar Examination, candidates
had to complete an 18-month apprenticeship at the Legal Training and Research Institute managed by
the Supreme Court. At the end of the training period, legal apprentices had to pass a final examination toqualify as legal practitioners.
Recently, the system was changed as a part of extensive judicial reform in Japan. The new system−2−aims to expand the number of legal practitioners to 50,000, one for every 2,400 citizens, by the end of 2018,
compared with 21,000 in 2000.
Under the new system, in order to become a qualified lawyer, candidates must first complete graduatelevel legal studies at an approved law school, and then pass the new National Bar Examination. The passrate for the new Examination is substantially higher than that of its predecessor. In 2010, 2,074 candidates
passed the Examination, and its pass rate was 25.4%. Following the Bar Exam, candidates must take a
one-year course as a legal apprentice at the Legal Training and Research Institute, and then pass the final
national exam. Law schools for graduate students were established from April 2004 and the new National
Bar Examination started in 2006.
Judges or public prosecutors who resign their positions can become private attorneys, and mostretirees from the judiciary and prosecution do in fact become private attorneys. Similarly, a private attorneyalso can become a judge or a public prosecutor. As of 2009, there are about 2,700 judges (including assistantjudges), 1,700 public prosecutors and 27,000 private attorneys in Japan.1

Ministry of Justice & Public Prosecutors OfficeB.

Organization

The Prosecutors Office consists of the Supreme Public Prosecutors Office (headed by the ProsecutorGeneral), eight High Public Prosecutors Offices (headed by a Superintending Prosecutor), 50 District Public
Prosecutors Offices (headed by a Chief Prosecutor) with 203 branches, and 438 Local Public Prosecutors
Offices. The different levels of public prosecutors offices correspond to comparable levels in the courts.
As of 2010, there are about 1,700 public prosecutors, about 900 assistant public prosecutors,2 andabout 9,000 prosecutor’s assistant officers. Regarding the size of District Public Prosecutors Offices,
the average office has about ten public prosecutors. The smallest has only five public prosecutors, andthe largest has more than 200. Each office has a Chief and a Deputy Chief Prosecutor who supervise
investigation, prosecution and trial. Thus, for example, in the smallest office, only three public prosecutors
actually investigate and prosecute cases. In small offices, the public prosecutor who investigates andindicts a suspect is the same person who handles the trial. In contrast, in large offices, two different publicprosecutors carry out these duties, working either in the Investigation Department (usually called the“Criminal Affairs Department”) or the Trial Department.

1 Ministry of Justice Statistics, 2009.
2 Assistant public prosecutors are selected by a special examination different from the National Bar Examination. Most of them are former
prosector's assistant officers and court clerks. As a rule, they are assigned only to Local Public Prosecutors Offices.

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C.

Functions and Jurisdiction

Public prosecutors exercise such functions as investigation, instituting prosecution, requesting theproper application of law by courts, supervising the execution of judgments and other matters which fallunder their jurisdiction. When it is necessary for the purpose of investigation, they can carry out their duties
outside of their geographic jurisdiction.
D.

Status (Independence and Impartiality)

Public prosecutors have a status equivalent to that of judges in terms of qualifications and salary.
They are considered impartial representatives of the public interest, and their independence and impartiality
are protected by law. Aside from disciplinary proceedings, they cannot be dismissed from office, suspended
from the performance of their duties, or suffer a reduction in salary against their will, with limited
exceptions.3 The Prosecutor-General, the Deputy Prosecutor-General and the Superintending Prosecutors
are appointed by the Cabinet, and other public prosecutors by the Minister of Justice. Their retirement age
is 63 (65 for the Prosecutor-General).
Prosecutorial functions are part of the executive power vested in the Cabinet,4 and the Cabinet is
responsible to the Diet in the exercise of its powers. As a member of the Cabinet, the Minister of Justice
should have the power to supervise public prosecutors. On the other hand, prosecutorial functions havea quasi-judicial nature, inevitably exerting an important influence on all sectors of the criminal justicesystem, including the judiciary and the police. If those functions were subject to political influence, theintegrity of the entire criminal justice system would be jeopardized. To harmonize these requirements, thePublic Prosecutors Office Law Article 14 provides that “[the] Minister of Justice may control and supervise
public prosecutors generally5 in regard to their functions. However, in regard to the investigation anddisposition of individual cases, he or she may control only the Prosecutor-General.” The Minister of Justicecannot directly control an individual public prosecutor’s investigation or disposition of cases.
III.

COURTS

A.

Structure

1.

Introduction

Article 76 of the Japanese Constitution vests all judicial power in the Supreme Court and inferior
courts. No tribunal, organ, or agency of the executive branch can be given final judicial power. All criminalcases are heard and determined in ordinary judicial tribunals. All courts in Japan are incorporated into a
unitary national judicial system. There are five types of courts: the Supreme Court, High Court, District
Court, Family Court and Summary Court. As of 2010 there are approximately 2,700 judges within thesecourts, including assistant judges, and there are about 800 Summary Court judges. Approximately 22,000
other officers work in the judiciary, including court clerks, stenographers, and bailiffs.
2.

The Supreme Court

The Supreme Court, located in Tokyo, is the highest court in Japan and consists of the Chief Justiceand fourteen Justices. The Supreme Court has one Grand Bench, consisting of all the Justices, and three
Petit Benches, each consisting of five Justices.
The Supreme Court has appellate jurisdiction over Jokoku (final appeals) and Kokoku (appeals

3 Public Prosecutors Office Law, Article 25. Exceptions are stipulated in Articles 22 (retirement age), 23 (physical or mental disability, etc.),
and 24 (supernumerary officials).
4 The Cabinet consists of the Prime Minister and the Ministers of State. Not less than half of the Ministers must be chosen from the membersof the Diet (Constitution, Article 66 and 68).
5 “Generally” means, for example, to set up general guidance for crime prevention, the administrative interpretation of laws and how to disposeof affairs related to prosecution to maintain their uniformity.

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against rulings specially provided for in codes of procedures) as provided by law. See page 30 for themeaning of Jokoku, Kokoku, and Koso. It ordinarily hears a Jokoku appeal against a High Court decisionon the following grounds: (i) a violation of the Constitution or an error in constitutional interpretation, or(ii) adjudication contrary to precedents of the Supreme Court or High Courts. The Supreme Court may
also hear at its discretion Jokoku appeals against any case which involves an important point of statutory
interpretation.
Article 81 of the Constitution empowers the Supreme Court, as the court of last resort, to determine
the constitutionality of any law, order, rule or disposition. The Supreme Court exercises this power not bydeclaring constitutionality in a general way, but by rendering case-specific decisions.

The Supreme Court Building

3.

The Courtroom of the Grand Bench

The High Court

The eight High Courts are located in eight major cities in Japan: Tokyo, Osaka, Nagoya, Hiroshima,
Fukuoka, Sendai, Sapporo and Takamatsu. Each High Court consists of a President and other High Court
judges. High Courts have jurisdiction over Koso (appeals against judgment in the first instance rendered
by District Courts and Summary Courts) as provided by law. Ordinarily, High Court cases are heard by apanel of three judges. However, insurrection cases, over which the High Court has original jurisdiction, arehandled by a five-judge panel.
4.

The District Court

There are fifty District Courts, each located in the city seats of the respective prefectural governments.
Each District Court’s territorial jurisdiction encompasses the entire prefecture, except for Hokkaido, which
is divided into four judicial districts because of its large size. District Courts have a total of 203 branch
offices in major cities. District Courts have general jurisdiction over all cases in the first instance, except
for those cases exclusively reserved for Summary Courts (crimes liable to fines or lesser punishment)
and High Courts (crimes of insurrection). The majority of District Court cases are tried by a single judge.
However, criminal cases involving possible sentences of death, life imprisonment, or imprisonment for aminimum period of one year or more should be handled by a panel of three judges, in general. Other cases
deemed appropriate can also be handled by a three-judge panel. The former are called “statutory panel
cases” and the latter “discretionary panel cases.”
All District Courts and some of their branches hold Saiban-In trials (trials by a mixed panel consistingof professional judges and citizen judges) for certain offences designated by law. See page 26 for details
of Saiban-In trials.
5.

The Family Court

Family Courts and their branch offices are located in the same places as the District Courts and theirbranches. The Family Courts have jurisdiction over juvenile delinquency cases (involving persons under
20 years of age). Juvenile cases are handled by a single judge or a three-judge panel fully utilizing scientific−5−reports prepared by Family Court probation officers and classification experts of juvenile classification
homes.
6.

The Summary Court

There are 438 Summary Courts throughout Japan. All cases are presided over by a single Summary
Court judge. The Summary Courts’ original jurisdiction is limited to: (i) crimes punishable with a fine orlighter penalties (petty fine or misdemeanour imprisonment without work); (ii) crimes punishable with afine as an optional penalty; and (iii) habitual gambling, running a gambling place for the purpose of gain,
embezzlement, and crimes related to stolen property. Summary Courts may not impose imprisonment
without work or heavier penalty. However, with regard to theft, embezzlement, crimes related to stolen
property, breaking into a residence, habitual gambling, and other minor offences prescribed by law, they
may impose imprisonment with work for up to three years. Summary Courts also issue Summary Ordersthat impose a sentence of fine. A vast majority of relatively minor cases are disposed of by Summary Order
Procedure. See page 22 for more details.
B.

Judges1.

Appointment of Judges

The Justices of the Supreme Court are appointed by the Cabinet, except for the Chief Justice, who
is appointed by the Emperor as designated by the Cabinet. The appointment of the Justices is reviewed
by the people at the first general election of members of the House of Representatives following their
appointment. Justices of the Supreme Court retire at the age of 70.
All lower court judges are appointed by the Cabinet from a list of persons nominated by the Supreme
Court. Judges’ tenure is ten years, and they can be re-appointed. Judges cannot be removed from office
unless judicially declared mentally or physically incompetent to perform their official duties, or unlesspublicly impeached. No executive organ or agency can take disciplinary action against judges. Thispower is vested only in the Court of Impeachment, a legislative body composed of Representatives andCouncillors drawn from the Diet. As one of the checks and balances systems among the three branchesof government, the Court of Impeachment may dismiss a judge if he or she neglects his or her duties to aremarkable degree, or if there has been misconduct, whether or not it relates to official duties.
2.

Categories and Qualifications of Judges

At least ten of the fifteen Justices of the Supreme Court, including the Chief Justice, must be appointed
from among those with distinguished careers as lower court judges, public prosecutors, practicing lawyers
or law professors. However, the remaining five Justices need not be qualified as lawyers, as long as they
are learned, have an extensive knowledge of the law, and are at least forty years of age.
Lower court judges are divided into judges and assistant judges. Assistant judges are appointed fromamong those who have passed the National Bar Examination, completed training at the Legal Training andResearch Institute, and then passed the final qualifying national examination. To be appointed a judge, onemust have practical or academic experience of not less than ten years as a designated legal professional: an
assistant judge, a public prosecutor, an attorney, or a law professor.
The assistant judge system aims to provide professional experience through on-the-job training
before qualifying as a fully-fledged judge. For the first five years, the judicial authority of an assistantjudge is restricted. He or she can serve as an associate judge of a three-judge panel, but as a single judge,
can decide only limited matters such as detention at the investigation stage. After five years’ experience,an assistant judge is qualified as a senior assistant judge to preside over a trial in a single-judge court. The
majority of judges are appointed from among assistant judges.
Judges assigned to the High Court must be judges or qualified senior assistant judges, whereas judges−6−assigned to the District and Family Courts may include judges and both junior and senior assistant judges.
Summary Court judges are selected by the Selection Board for Summary Court Judge. Fullqualification as a lawyer is not required. In practice, they are appointed primarily from among learned andexperienced court clerks. Assistant judges, after three years’ experience, can be appointed Summary Court
judges.
IV.

CORRECTIONSA.

Organization of the Correctional Administration

In Japan, the Correction Bureau of the Ministry of Justice provides both adult and juvenile correctional
services. Under the Director-General of the Correction Bureau, there are eight Regional Correction
Headquarters which supervise the correctional institutions. Correctional institutions can be divided into
penal institutions (prisons, juvenile prisons,6 and detention houses) and juvenile correctional institutions(juvenile training schools and juvenile classification homes).
1.

Penal Institutions

As of 2010, there are a total of 188 penal institutions: 62 prisons, seven juvenile prisons, eight
detention houses, eight branch prisons, and 103 branch detention houses.
Prisons, juvenile prisons, and branch prisons are institutions for sentenced inmates. They provide
various correctional treatment programmes that facilitate rehabilitation and resocialization of offenders.
There are eight women’s prisons (including two branches)7 and four medical prisons. The medical prisonsare set up to function as special medical centres that receive inmates in need of special medical care.
Ordinary medical care and hygiene for inmates are provided within general penal institutions.
Detention houses and branch detention houses are mainly for inmates awaiting trial, namely,
defendants under detention and suspects under pre-indictment detention. Close attention is paid so that
their rights, including the right to counsel and to a fair trial, are respected.
As of 31 December 2009, the total capacity of penal institutions is 90,354 (72,311 for sentenced
inmates and 18,043 for unsentenced inmates), and the actual population is 75,250 (67,083 sentenced
inmates and 8,167 unsentenced inmates).

Fuchu Prison

Tachikawa Detention House

6 A juvenile prison is not a juvenile correctional institution. It accommodates juveniles sentenced to imprisonment and sentenced adultinmates under 26 years old.
7 One of which accommodates both female and male inmates.

−7−

2.

Juvenile Correctional Institutions

As of 2010, there are 51 juvenile training schools, 51 juvenile classification homes, one branch juvenile
training school, and one branch juvenile classification home. Juvenile training schools house juveniles
referred by the Family Court and provide them with correctional education. Juvenile classification homes
house juvenile delinquents placed under “protective detention” by the Family Court. During protective
detention, an expert report on the juvenile’s personality and disposition is prepared, which will assist the
Family Court’s decision-making.

Osaka Juvenile Classification Home

B.

Kifunebara Juvenile Training School for Girls

Correctional Officials

As of 2010, more than 23,000 officials are working for the correction service. The majority ofcorrectional officials in penal institutions are employed from among those who have passed the examination
for correction service. Education officials in juvenile institutions are employed from among those whohave passed a specialized examination. Classification specialists (psychologists) are selected from among
those who have passed the senior-level examination for psychological services.

V.

REHABILITATIONA.

Organization and Function

The Rehabilitation Bureau of the Ministry of Justice is responsible for the overall administration ofrehabilitation services, the main aspect of which is to provide community-based treatment to offenders.
The Bureau handles planning and policy-making which are then implemented by the 50 Probation Offices
and eight Regional Parole Boards throughout the country.
Regional Parole Boards are found in the eight major cities in which the High Courts are located.
The main responsibilities of Regional Parole Boards are to make parole decisions for prison inmates andjuveniles committed to juvenile training schools, and to revoke parole when the legal requirements forrevocation are met. They also decide when to terminate an indeterminate sentence imposed upon a juvenile
offender (see page 33). The number of board members varies in each region from three to fifteen, and board
decisions are made by a majority vote.
‘The front-line duties of community corrections are carried out by the Probation Offices, which arelocated in each of the 50 District and Family Court jurisdictions. Their main responsibilities include thefollowing: (i) supervision of both adult and juvenile probationers and parolees; (ii) co-ordination of social
circumstances, such as family relationship, residence, and job-placement, prior to release; (iii) urgent
aftercare of discharged offenders; (iv) promotion of crime prevention activities in the community; (v)recommendation of volunteer probation officers; (vi) support for the victims of crime; and (vii) mental−8−

health supervision pursuant to the Act on Medical Care and Treatment for Persons Who Have Caused
Serious Cases Under the Condition of Insanity.
The National Offenders Rehabilitation Commission is a council attached to the Ministry of Justice.
The Commission’s functions are to make recommendations to the Minister of Justice regarding pardonsand to review the decisions of Regional Parole Boards upon a complaint filed by a probationer or a parolee.
B.

Personnel

1.

Probation Officers

Probation officers are full-time government officials who engage in community based treatment
of offenders, such as supervision of probationers and parolees, and other duties of the Regional Parole
Boards and Probation Offices. The Offenders Rehabilitation Act (2007) requires them to have a certain
degree of competence in medicine, psychology, pedagogy, sociology and other expert knowledge relating
to rehabilitation of offenders. As of 2010, there are 1,289 probations officers nationwide.
2.

Rehabilitation Co-ordinators

Rehabilitation co-ordinators are qualified psychiatric social workers, or other qualified persons,assigned to Probation Offices, who engage in mental health supervision and other responsibilities pursuant
to the Act on Medical Care and Treatment for Persons Who Have Caused Serious Cases Under the Conditionof Insanity. Rehabilitation co-ordinators do not handle ordinary probation or parole cases. As of 2010, there
are 112 rehabilitation co-ordinators nationwide.
C.

Volunteers and the Voluntary Sector

1.

Volunteer Probation Officers

Volunteer probation officers are citizens commissioned by the Minister of Justice, who co-operatewith probation officers in providing various rehabilitation services to offenders. Their main activities are(i) to assist and supervise probationers and parolees; (ii) to co-ordinate the social circumstances of inmates;and (iii) to promote crime prevention activities in the community. They do not receive salaries: only acertain amount of their necessary expenses is reimbursed. As of 1 April 2010, 48,673 citizens serve as
Volunteer Probation Officers.

Ceremony for Volunteer Probation Officers

2.

Juridical Persons for Offenders Rehabilitation Services

A Juridical Person for Offender Rehabilitation Services is a form of non-profit organization establishedunder the Offenders Rehabilitation Services Act (1995). They undertake one or more of the following
activities: (i) operate Offender Rehabilitation Facilities (so-called halfway houses); (ii) provide temporary−9−

aid to offenders; and (iii) engage in “co-ordination and promotion services” related to rehabilitation of
offenders. As of 2010, there are 164 Juridical Persons for Offender Rehabilitation Services.
Offenders Rehabilitation Facilities
Halfway houses in Japan are officially termed Offenders Rehabilitation Facilities. They accommodate
probationers, parolees, or other eligible offenders and provide them with necessary assistance for theirrehabilitation such as: (i) help in obtaining education, training, medical care, or employment; (ii) vocational
guidance; (iii) training in social skills; and (iv) improving, or helping them adjust to, their environment.
(1)

As of 2010, there are 104 Offenders Rehabilitation Facilities nationwide. Their total capacity is
2,320, and they newly admitted 6,380 offenders in 2009. The duration of stay for probationers and parolees
in 2009 was as follows: one month or less (9.9%); more than one month to six months (80.7%); and morethan six months (9.4%).
One hundred and one (101) of the Offender Rehabilitation Facilities are run by Juridical Persons
for Offender Rehabilitation Services. The government supervises and provides financial support to such
Juridical Persons and other entities that operate Offenders Rehabilitation Facilities.

Offenders Rehabilitation Facility(Halfway House)

Rehabilitation Aid Associations
As of 2010, 66 Rehabilitation Aid Associations exist throughout Japan. They provide offenders
with temporary aid such as meals or clothing, and/or engage in “co-ordination and promotion services”
for Offenders Rehabilitation Facilities, Volunteer Probation Officers Associations, and other volunteer
organizations. “Co-ordination and promotion services” include providing subsidies, textbooks for training,
and tools and materials for crime prevention activities.
(2)

3.

OthersThere are other notable volunteer organizations or forms of volunteering in Japan, such as (i) the
Women’s Association for Rehabilitation Aid; (ii) Big Brothers and Sisters (BBS) Associations; and (iii)
co-operative employers.

− 10 −

CHAPTER 2 THE CRIME SITUATION IN JAPANI.

PENAL CODE OFFENCES

A.

Trends in Penal Code Offences

Figure 1 shows the number of Penal Code offences known to the police, and the number of Penal
Code offenders cleared by the police (the number of Penal Code offenders detected or identified by thepolice) from 1946 to 2009.
The number of Penal Code offences known to the police increased every year from 1996, marking a
new post-World War II high each year, and peaked in 2002, when the number reached 3,693,928. However,from 2003, there was a continuous decrease and, in 2009, the number of Penal Code offences known to thepolice totalled 2,399,702, a 5.3 percent drop from the previous year.

Fig.1 Number of known cases and persons cleared of Penal Code offences (1946-2009)(ten thousand cases)(ten thousand persons)
400

Numberof known cases
一般刑法犯／１万(Negligence in driving causing death or bodily injury)
検挙人員 刑法犯

350

Number of known cases(Theft)

検挙人員 窃盗を除く一般刑法犯

Number of known cases(Non-traffic Penal Code Offences Excluding theft)

300

Number of
known cases(Penal Code offences)
2,399,702

250

200

Number of
known cases(Non-traffic Penal Codeoffences)
1,703,369

150
Number of persons cleared(Penal Code offences)
100
Number of persons cleared(non-traffic Penal Code offences)

Number of persons cleared(non-traffic Penal Code offences excluding
theft)

50

Number of
known cases(Non-traffic Penal Codeoffences excluding theft)
404,075

0
1946

1950

1955

1960

1965

1970

1975

1980

1985

Note:

1990

1995

2000

2005

2009

1. Until 1955, illegal behaviour by persons under 14 years of age is included.
2. Non-traffic Penal Code offences until 1965 mean Penal Code offences excluding negligence in the pursuit ofsocial activities.
Source: Criminal Statistics by National Police Agency, White Paper on Crime 2010.

− 11 −

Table 1 shows the number of Penal Code offences known to the police, the number of Penal Codeoffences and offenders cleared by the police, and the clearance rate of major offences in 2009. Of the Penal
Code offences known in 2009, theft was the most prevalent, with 1,299,294 offences known, constituting
54.1 percent of the total. The second most prevalent offence was negligence in driving causing death orbodily injury, with 696,333 offences known, constituting 29.0 percent of the total. These two offences
together accounted for approximately 83 percent of the total number of known Penal Code offences in
2009.
The number of cleared Penal Code offenders, crossing the 1,000,000 mark in 1998, increased every
year from 1999, marking a new post-World War II high each year, and peaked in 2004, when the number
reached 1,289,416. However, the number of cleared Penal Code offenders has decreased every year since2005, totalling 1,051,838 in 2009, a 2.8 percent drop from the previous year.
As for the age distribution of offenders cleared of non-traffic Penal Code offences (Penal Codeoffences excluding negligence in driving causing death or bodily injury etc.), those aged 60 or overaccounted for 3.2 percent in 1980, but rose to 20.6 percent in 2009. Also, those aged 65 or over accounted
for 14.4 percent in 2009.
With regard to the gender of offenders cleared of non-traffic Penal Code offences, male offenders
numbered 262,971, comprising 78.9 percent of the total, while female offenders numbered 70,234,
comprising 21.1 percent of the total in 2009.

Table 1. N umber of Known and Cleared Penal Code Offences and Cleared Offenders and Clearance
Rate of Major Offences (2009)
Balance over thePrevious Year
Known
ClearedPenal Code Penal CodeOffenders
Offenders

Offence

Known
Penal
Code
Offences

Cleared
Penal
Code
Offences

Cleared
Penal
Code
Offenders

Clearance
Rate

Total

2,399,702

1,241,357

1,051,838

51.7%

Δ133,649(Δ5.3%)

Δ30,117(Δ2.8%)

Murder

1,094

1,074

1,036

98.2%

Δ203
(Δ15.7%)

Δ175(Δ14.5%)

Robbery

4,512

2,923

3,069

64.8%

234
(5.5%)

256(9.1%)

Theft

1,299,294

361,969

175,823

27.9%

Δ73,546(Δ5.4%)

1,085(0.6%)

Fraud

45,16228,753

12,542

63.7%

Δ19,265(Δ29.9%)506(4.2%)

Embezzlement

65,17661,75760,992

94.8%

Δ 5,188(Δ7.4%)

Δ4,404(Δ6.7%)

Negligence in driving
causing deathor bodily injury

696,333

696,333

718,633

100.0%

Δ18,644(Δ2.6%)

Δ23,222(Δ3.1%)

Others288,13188,54879,74330.7%

Δ17,037

Δ4,163

Notes: 1. Figures in parentheses show the rate of increase or decrease. Δ indicates a decrease.
2. Figures in parentheses show percent change.
Source: Crime Statistics provided by the National Police Agency.

− 12 −

The clearance rate of Penal Code offences, which used to be about 70 percent, showed a marked
declining tendency from 1988. In 2001, the clearance rate was the lowest since World War II: 38.8 percent
for all Penal Code offences and 19.8 percent for non-traffic Penal Code offences. However, the situation
has improved since 2002 and in 2009 it reached 51.7 percent for all Penal Code offences and 32.0 percent
for non-traffic Penal Code offences.
B.

Trends in Some Major Crimes

The number of murders known to the police, having been generally flat in recent years, was 1,094 in
2009. The clearance rate of murders remains steadily high and was 98.2 percent in 2009.
Known cases of robbery reached 7,664 in 2003, the highest on record since 1951. From then thenumber decreased for five years. However, the number increased in 2009, reaching 4,512. The clearance
rate of robbery was 64.8 percent in 2009.
With regard to theft, the number of known cases showed an increasing tendency and, in 2002,
reached 2,377,488, the worst post war record. The clearance rate also decreased and, in 2001, declined to15.7 percent which was the lowest in the post-war period. However, both the number of known offences
and the clearance rate have improved, with offences totalling 1,299,294 in 2009 and a clearance rate of
27.9 percent for the same year.
Concerning fraud, the number of known cases has increased significantly since 2002, reaching arecord high of 85,596 in 2005, the highest total since 1960. However, since 2006 it has decreased every
year and was 45,162 in 2009 (29.9 percent down over the previous year). The clearance rate reduced
sharply from 1997 and recorded a post-war low of 32.1 percent in 2004. But the rate showed a recovery
from 2005 and was 63.7 percent in 2009. In recent years, a major modus operandi in fraud cases has been
“Furikome Fraud” – confidence tricks designed to induce bank transfers.

II.

SPECIAL LAW OFFENCES

Recently, the total number of Special Law offenders newly received by the public prosecutors offices
has generally been on a declining trend, and in 2009 totalled 604,098, which was a 5.9 percent decreaseover the previous year. Of that number, Road Traffic Act violators accounted for 487,142 offenders (80.6
percent of the total), followed by violators of the Stimulants Control Act, who numbered 19,365 (3.2
percent of the total). The third largest group of offenders was violators of the Minor Offences Act, who
numbered 16,396 (2.7 percent of the total).

− 13 −

CHAPTER 3 CRIMINAL JUSTICE FLOW CHART
This chart shows the flow for criminal procedure for adult offenders in Japan.

Public Prosecutors Office
Offence

Persons newly received:
1,639,614
118,547
Indictment: 
Summary Prosecutions: 441,047
Non-Prosecution:
934,223

Clearance
Non-penal fine fortraffic offences
Investigation initiated bypublic prosecutor etc.

Police etc.

Disposition oftrivial offences

Referral to publicprosecutors.
Case received

Public Prosecutors
OfficeNon-prosecution

Prosecution
Case received
Fine,petty fine

Summary
Proceeding

Not-guilty etc.

Formal Trial

Fine, petty fine

Court
Detention in
workhouse in lieu
of payment of fineSuspensionof executionof sentence

Sentence of Imprisonment
Admission

Penal Institution
Release on
completion of theperiod ofimprisonment

Court
502,712
Guilty:17
Death Penalty:
Imprisonment with
71,993/without work:
(Suspension of execution ofsentence of imprisonment):(42,945)427,600
Fine:
Misdemeanour imprisonment
without work, petty fine:

3,102
75
Not guilty:
Penal Institution
Newly admitted inmates:28,293

Suspensionof executionof sentencewith probation

Release on
ParoleCase received

Probation Office
Expiration of periodof probation, etc.

Revocation, etc.

Probation Office(Newly received probationers
and parolees)
Persons under probation withsuspension of execution of the
3,671
sentence:
Parolees from penal
14,854
institutions:

Notes: 1. Figures show the number of persons in 2009, including juveniles.
2. For figures under the heading “Public Prosecutors Office,” if the same person is processed twice, the number iscounted as two persons.
3. Figures under the heading “Court” refer to the number of defendants whose sentences were finalized.
Source: White Paper on Crime 2010.

− 14 −

CHAPTER 4 PRE-TRIAL CRIMINAL PROCEDUREI.

INTRODUCTION

Japan is a unitary state, and the same criminal procedure applies throughout the nation. The Code of
Criminal Procedure of 1948 [hereinafter CCP], the Act on Criminal Trials Examined under the Lay Judge
System, and the Rules of Criminal Procedure of 1949 are the principal sources of law.
II.

CONSTITUTIONAL SAFEGUARDSThe Constitution of Japan has an extensive list of constitutional guarantees that relate to the criminal
process. Article 31 provides that “no person shall be deprived of life, or liberty, nor shall any other criminal
penalty be imposed, except according to procedure established by law,” while Article 33 states that “noperson shall be apprehended except upon warrant issued by a competent judicial officer which specifies
the offence with which the person is charged, unless he is apprehended, the offence being committed.”
Further, as prescribed in Article 34, “no person shall be arrested or detained without being at once informedof the charges against him or without the immediate privilege of counsel; nor shall he be detained without
adequate cause; and upon demand of any person such cause must be immediately shown in open court inhis presence and the presence of his counsel.” Article 35 provides for the protection of one’s residence andproperty, stating “the right of all persons to be secure in their homes, papers and effects against entries,
searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly
describing the place to be searched and things to be seized, or except as provided by Article 33.”
As for the trial proceedings, Article 38 provides that “no person shall be compelled to testify against
himself,” and that a “confession made under compulsion, torture or threat, or after prolonged arrest or
detention shall not be admitted in evidence.” It further provides that “no person shall be convicted or
punished in cases where the only proof against him is his own confession.” As for the protection of someof the basic rights of the individual who is facing a criminal trial as an accused, Article 37 provides that“in all criminal cases, the accused shall enjoy the right to a speedy and public trial by an impartial tribunal;
he shall be permitted full opportunity to examine all witnesses, and he shall have the right of compulsory
process for obtaining witnesses on his behalf at public expense; at all times the accused shall have theassistance of competent counsel who shall, if the accused is unable to secure the same by his own efforts,
be assigned to his use by the State.” According to Article 39, “no person shall be held criminally liable foran act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he beplaced in double jeopardy.”
Finally, Article 40 provides that “any person, in case he is acquitted after he has been arrested ordetained, may sue the State for redress as provided by law.”III.

INVESTIGATIVE AGENCIESThe police are the primary investigative agency in Japan. Officers of certain other administrative
bodies, such as narcotics agents and coast guard officers, have limited jurisdiction to investigate certain
type of offences, whereas police officers have general jurisdiction.
The vast majority of criminal cases are investigated by the police and referred to public prosecutors.
As the police do not have the power to make charging decisions, all cases investigated by the police,
except for very minor offences prescribed by prosecutorial guidelines, must be sent to public prosecutors
for disposition.
Japanese law does not permit private prosecutions, and public prosecutors have exclusive power to− 15 −

decide whether or not to prosecute. Besides, they are fully authorized to conduct criminal investigations,and they actively supplement police investigation by directly interviewing witnesses and interrogatingsuspects. Prosecutors may also instruct police officers as they consider necessary during an investigation.
Prosecutors can also initiate their own investigations; delicate or complicated cases such as bribery or largescale financial crime involving politicians, high-ranking government officials, or corporate executives areoften investigated entirely by prosecutors without any police involvement.
IV.

INVESTIGATION PROCESSA.

Overview

Japanese police and public prosecutors, to the extent possible, conduct criminal investigations
without resorting to compulsive measures such as arrest, searches, and seizures. Even for serious offences,
they gather as much information as possible on a voluntary basis and carefully evaluate whether an arrest isnecessary or if the investigation should continue without arresting the suspect. In 2009, 69.7% of suspectsof non-traffic offences were investigated and processed without arrest.8
The procedure after arrest is as follows:
(1)
(2)
(3)

(4)

B.

When the police arrest a suspect, they must refer the suspect, along with supporting documents
and evidence, to a public prosecutor within 48 hours; otherwise the suspect must be released.
Within 24 hours after receiving the suspect, the prosecutor must do either one of the following:
apply to a judge for a pre-indictment detention; prosecute the case; or release the suspect.
If an application for pre-indictment detention is granted, a judge will issue a warrant, and thesuspect will be taken into detention. Its duration is ten days, which may be extended for up toanother ten days.
The public prosecutor must prosecute the case within the authorized pre-indictment detention
period. Otherwise, the suspect must be released. If the case is prosecuted, the pre-indictment
detention is automatically converted to pre-trial detention.

ArrestAs a general rule, a judicially issued warrant is required to arrest a suspect. Police officers designatedby law and all public prosecutors are authorized to apply to a judge for an arrest warrant, and a warrant
shall be issued if a judge deems that there exists sufficient probable cause to suspect that the person has
committed an offence.
Japanese law does not recognize a class of offence, such as felonies, for which warrantless arrests
are generally permitted. There are two exceptions to the judicial warrant requirement under the CCP, which
are the following;
(1)

(2)

Flagrant Offenders:
A flagrant offender (an offender who is in the very act of committing or has just committed
an offence) may be arrested by any person without a warrant. When it appears evident that aperson has committed an offence shortly before, and one of the prescribed legal criteria is met,such a person is also treated as a flagrant offender.9
Emergency Arrests:“When there are sufficient grounds to suspect the commission of an offence punishable by

8 White Paper on Crime 2010, Ministry of Justice, Japan.
9 CCP Articles 212 and 213.

− 16 −

the death penalty, or imprisonment for life or for a maximum period of three years or more,
and in addition, because of great urgency an arrest warrant from a judge cannot be obtained, apublic prosecutor, a public prosecutor’s assistant officer, or a judicial police official may arrest
the suspect after notifying the suspect of the reasons therefor.” 10
When an offender is taken into emergency arrest, an application for an arrest warrant must be filed
immediately. If the warrant is not issued, the suspect must be released.
C.

Post-Arrest Procedure

Following an arrest, a police officer or a public prosecutor must immediately notify the suspectof the essential facts of the suspected crime, inform him or her of the right to counsel, and then offer an
opportunity to present his or her explanation.
If the arrest was made by the police, the suspect, along with supporting evidence, must be referred
to a public prosecutor within 48 hours, or the suspect must be released. After receiving the suspect, thepublic prosecutor must immediately inform the suspect of the essential facts of the suspected crime andoffer further opportunity to present his or her explanation. This is an important step in the early stage ofinvestigation as it is the public prosecutor’s initial opportunity to interrogate the suspect.
Within 24 hours of receiving the suspect, the public prosecutor must either apply to a judge for a preindictment detention; prosecute the case; or release the suspect. The police are not authorized to apply for
pre-indictment detention: the application must be made by a public prosecutor. If the suspect was arrested
by a public prosecutor and not by the police, the application for pre-indictment detention must be madewithin 48 hours after the arrest.
A judge will then review the file, take a statement from the suspect, and decide on the prosecutor’s
application. A pre-indictment detention warrant shall issue if a judge deems that there exists probable cause
to suspect that the suspect has committed the offence, one of the following conditions is met, and the judge
does not consider it unnecessary.
(1)
(2)
(3)

The suspect has no fixed residence;
There is probable cause to suspect that the suspect may conceal or destroy evidence; or
The suspect has fled or there is probable cause to suspect that the suspect may flee.

If these conditions are not met, the judge will deny the prosecutor’s application and order theimmediate release of the suspect. In practice, applications for pre-indictment detention are granted in mostof the cases because public prosecutors carefully screen suspects to be detained.11
The duration of pre-indictment detention is ten days and, upon application by a public prosecutor,
a judge may grant an extension for up to another ten days. Thus, the maximum length of pre-indictment
custody is 23 days, including the initial 72 hours following the arrest. The public prosecutor must prosecutethe case within the authorized period, or the suspect must be released.
During pre-indictment detention, many suspects are detained in police jails instead of detention
houses. The Act on Penal Detention Facilities and Treatment of Inmates and Detainees allows such
substitutions when approved by a judge.

10 CCP Article 210.
11 Only 0.93% applications for detention were dismissed in 2009. (White Paper on Crime 2010, Ministry of Justice, Japan)− 17 −

D.

Collection of Evidence
Evidence can be either one of two categories: statements and non-statements.

1.

Taking Statements

When investigators take statements from witnesses and suspects, they will prepare a detailed
summary of what has been said during the interview or interrogation. The summary will be read to or readby the interviewee for confirmation, and if agreed, it will be signed. Such written statements are admissible
as evidence if the defendant consents to their use, or they fit in one of the hearsay exceptions provided forin the CCP. See page 28 for more details on the hearsay rule.
2.

Interrogation of Suspects

Police officers and public prosecutors may ask suspects to appear in their offices for interrogation,and suspects under arrest or detention are obligated to comply. However, Article 38-1 of the Constitution
guarantees the right against self-incrimination, and Article 198-2 of the CCP requires investigators to notify
the suspect, in advance of the questioning, that he or she is not required to make any statement against hisor her will. In order to be admissible at trial, confessions must be voluntarily made. In this regard, CCP
Article 319-1 provides that “confession made under compulsion, torture or threat, or after prolonged arrest
or detention, or which is suspected not to have been made voluntarily shall not be admitted in evidence.”

Public Prosecutor's Interrogation (moot)3.

Searches and Seizures

In order to lawfully search for and seize evidence, a judicially issued warrant is required. The only
exception to this requirement is for searches and seizures incident to arrest. According to Supreme Court
precedents, a serious violation of search and seizure rules may result in the inadmissibility of evidence soacquired.

E.

The Right to Counsel

The right to counsel is guaranteed by the Constitution and the CCP. Suspects may retain a counsel
at any time at their own expense. Confidential communication is guaranteed, and suspects under arrest or
detention are entitled to meet with their counsel and to exchange documents or articles without any officials
being present.
Previously, court-appointed counsel was available only after indictment. However, a CCP
amendment, effective 2006, expanded the rule: now, suspects held in pre-indictment detention for certain− 18 −

serious offences are entitled to ask for court-appointed counsel if they are unable to appoint one because
of indigence or other reasons.
Furthermore, the Bar Associations operate the Toban-Bengoshi system, which was introduced in
1990. Toban-Bengoshi means “an attorney on duty,” and when requested by an arrested person or his or her
family, a Toban-Bengoshi will immediately visit the arrested person at the police station to provide legal
advice. This first visit is provided free of charge.

F.

Bail

Suspects under pre-indictment detention are not bailable. When they are indicted, their legal statuschanges from a suspect to a defendant, and from that point on, they become eligible for bail. Bail must be
granted except when:(1)

the defendant is charged with an offence punishable by death, life, or a minimum term of one
year’s imprisonment;(2) the defendant was previously convicted of an offence punishable by death, life, or a maximum
term of more than ten years’ imprisonment;(3) the defendant has habitually committed an offence for which a maximum term of imprisonmentof three years or more is prescribed;(4) there is probable cause to suspect that the defendant may conceal or destroy evidence;(5)	there is probable cause to suspect that the defendant may harm or threaten the body or propertyof the victim or any other person who is deemed to have essential knowledge for the trial of
the case or the relatives of such persons; or(6) the defendant’s name or residence is unknown.
Likelihood of reoffending is not a valid ground for denying bail. When granting bail, the court isrequired to set the amount of the bail bond. The court may also add other appropriate conditions, and inpractice, bail is often subject to the condition that the defendant not contact co-defendants, witnesses, or
victims.

V.

DISPOSITION OF CASESA.

Monopolization of Prosecution1.

Principle

Japan does not have a system of private prosecution or police prosecution, and there is no grand jury.
Public prosecutors have the exclusive power to decide whether to prosecute,12 and this system is called“monopolization of prosecution.” A court cannot try a case unless it is prosecuted by a public prosecutor.
2.

Exception

There are two exceptions to the monopolization of prosecution: quasi-prosecution13 and compulsory
prosecution following a recommendation by the Committee for Inquest of Prosecution.

12 CCP Article 247.
13 In other words, “Analogical Institution of Prosecution through Judicial Action.” (CCP Articles 262 to 269).

− 19 −

Quasi-prosecution applies to offences of “abuse of authority” by certain government officials.14 A
person who has filed a complaint or accusation for applicable offences, if dissatisfied with the publicprosecutor’s decision not to prosecute, may apply to a district court to commit the case to trial. In practice,cases committed to trial are very few. See page 23 for more details.
Committees for Inquest of Prosecution are lay advisory bodies, consisting of eleven randomly
chosen citizens, that review non-prosecution decisions by the prosecutors. A Committee’s recommendation
was formerly purely advisory, but since May 2009, it has been given stronger legal effect under limited
circumstances. See page 23 for more details.
B.

Forms of Prosecution
There are two forms of prosecution: formal and summary.15

1.

Formal Prosecution (Indictment)

Formal prosecution is a request to hold a formal trial, and it is made by filing of a charging instrument
called a Kiso-Jo.16 The charging instrument must contain a clear description of the facts constituting theoffence charged. In order not to prejudice the court before trial, no evidentiary materials may be attached
to a Kiso-Jo.
(Speedy Trial Procedure)At the time of the filing of a Kiso-Jo, with the consent of the defendant, the prosecutor may ask the
court to try the case by the Speedy Trial Procedure. The Speedy Trial Procedure is applicable when thefollowing conditions are met:
(1) The offence is not punishable by death, life, or a minimum of one year’s imprisonment;(2) The case is clear and minor; and(3) The examination of evidence is expected to be completed promptly.
When the application is granted, the case will be tried by a simplified and expedited procedure. The
court is required to set an early trial date and, to the extent possible, render its judgement within one day.
When sentencing the defendant to a term of imprisonment, the court has to suspend the execution of thesentence. See page 31 for an explanation of suspension of execution of the sentence. The defendant may
not appeal a judgment entered following a Speedy Trial on the ground that fact-finding was erroneous.
The Speedy Trial Procedure was introduced in October 2006 in order to enable prompt dispositionof minor cases and early release of defendants. In 2009, a total of 4,470 defendants were sent for Speedy
Trials, and the majority of the cases were for violations of the Stimulant Control Act, Immigration Control
Act, and Road Traffic Act.

14 See. e.g. Penal Code Article 193 (Abuse of authority by public officers).
15 The traffic infraction fine system (Pecuniary Penalty against Traffic Infractions) is a procedure under which a person who commits certain
minor offences in violation of the Road Traffic Law is exempted from criminal punishment by paying a sum of money fixed by law as anadministrative disposition. However, if violators fail to pay that fine, they are to be dealt with under a regular criminal procedure and are
subject to criminal punishment by the court.
16 CCP Article 256.

− 20 −

An example of a Kiso-Jo (translated into English) is included below:

Kiso-Jo (Charging Instrument)

The following case is hereby prosecuted.
14 May 2009						
						

Tokyo District Public Prosecutors OfficePublic Prosecutor, KOUNO, Ichirou (his seal)

To Tokyo District Court:

Defendant
Permanent Domicile: Yoshida 823, Kawami-cho, Tama-gun, Fukuoka Prefecture
Present Address: R oom Number 303, 1-2-3, Akihabara, Chiyoda-ku, Tokyo
Occupation: None				
Under Detention
HIGASHIYAMA, Haruo (The defendant’s name)
17 April 1957 (The defendant’s birth date)

Charged Fact
At around 11 p.m. on 23 April 2009, on a street located in 2-4-7, Minami, Shibuyaku, Tokyo, the defendant, with intent to kill, stabbed MORITA Toshikazu (24 years of age)in the chest with a knife, of which blade was about ten centimeters long, thereby causing
the death of Morita, who died from blood loss attributable to the stab wound in the chest,at around 11:58 p.m. on the same day, at YAMADA Hospital located in 3-1-23, Takao,
Meguro-ku, Tokyo

Charged Offence and Applicable Penal Statutes
Murder			− 21 −

Penal Code Article 199

2.

Summary Prosecution (Request for a Summary Order)

A public prosecutor may prosecute a case in the Summary Court and ask for a summary order, which
is an order by a Summary Court sentencing the defendant to a fine not exceeding one million yen, or a petty
fine. In order to file a summary prosecution, a written consent by the defendant is required. There will be
no oral hearing or trial: a Summary Court judge will examine the case file sent from the prosecutor, andissue an order on that basis. A party dissatisfied with the order may, within 14 days, apply for a formal trial.
Summary proceeding is an important part of the Japanese criminal process. A vast majority of minor
cases are disposed of by summary orders. In 2009, out of 1,648,700 suspects (including juveniles) disposedof by prosecutors, 441,047 (26.8%) were summarily prosecuted, whereas 118,547 (7.2%) were indicted forformal trials.17
C.

Non-prosecution of Cases

1.

No Offence Committed

A public prosecutor will naturally decline to prosecute if, after investigation, there are sufficientreasons to believe that no crime has been committed by the suspect.
2.

Insufficiency of Evidence

Even if there is some evidence of guilt, public prosecutors will not prosecute unless conviction isvery likely. The threshold varies among countries, and Japanese prosecutors are very careful and selectivein screening cases. It is long established practice not to prosecute unless the prosecutor is almost 100%
certain of a conviction. In Japan, it is considered an irresponsible exercise of the prosecutorial powers,
entrusted by the people to the public prosecutors, to compel a citizen to defend him or herself against
criminal charges without the prosecutor being convinced that the evidence is sufficient to establish guilt.
As a result, the actual conviction rate is 99.89%.
3.

Suspension of Prosecution

Japanese prosecutors have broad discretion whether or not to prosecute, and they are authorized todrop cases even when there is enough evidence to secure a conviction. This disposition is called “suspensionof prosecution” and is provided for in Article 248 of the CCP, which reads “Where prosecution is deemed
unnecessary owing to the character, age, environment, gravity of the offence, circumstances or situation
after the offence, prosecution need not be instituted.”
The concept of discretionary prosecution contrasts with that of compulsory prosecution, which
requires prosecution to be instituted whenever a certain quantum of evidence exists. Discretionary
prosecution enables flexible dispositions in line with the specifics of each case such as the nature andseriousness of the offence committed, characteristics of the offender, and the victim’s feelings about thecase. It is also a form of diversion that offers offenders an early opportunity to return to society andrehabilitate themselves.
The following is an illustrative list of factors considered by prosecutors in making charging decisions.
(1)
(2)
(3)

The gravity of the offence and the harm caused thereby;
The offender’s character, age, criminal history, and risk of reoffending;
The circumstances relating to the commission of the offence: for example, motive, provocationby the victim, existence of accomplices and the role played by the suspect; and17 White Paper on Crime 2010, Ministry of Justice, Japan.

− 22 −

(4)	Conditions subsequent to the commission of the offence: for example, whether the suspectassumes criminal responsibility, whether and to what extent restitution has been made,whether apologies have been made and the victim’s feelings have been restored, whether civil
settlements have been made between parties.
Suspension of prosecution is broadly utilized in practice: of the 1,648,700 suspects processed bypublic prosecutors in 2009, 859,768 (52.1%) were disposed of by this method.18
D.

Safeguards against Arbitrary Disposition

1.

Internal Administrative Review

While public prosecutors exercise a quasi-judicial function, as officers belonging to the executive
branch of government, they are required to consult with and obtain approval from their supervisors when
making important decisions. This internal administrative review is called Kessai in Japanese. Dependingon the gravity and/or the difficulty of the issues involved, multiple layers of Kessai, sometimes up to
the Prosecutor General, may be required. This process ensures the reasonableness and consistency of theexercise of prosecutorial authority, and it provides an important learning opportunity for young prosecutors.
2.

Committee for Inquest of Prosecution

Committees for Inquest of Prosecution are lay advisory bodies that review non-prosecution decisions
by prosecutors. Every district has one or more Committees, and they consist of eleven lay people randomly
selected from among the district’s voters. Their purpose is to reflect popular will in the charging process.
Victims and certain qualified parties dissatisfied with a prosecutor’s decision not to prosecute may
request a review by the Committee. The Committee will make one of the following three recommendations:(i) non-prosecution is proper; (ii) non-prosecution is improper; or (iii) prosecution is proper. The lastrecommendation requires a special majority vote of eight out of eleven Committee members. Prosecutors
generally have good reasons when they decline to prosecute, and during the five-year period of 2005-09,
out of 10,513 cases decided on the merits, 9,860 (93.8%) have resulted in a recommendation of “nonprosecution is proper.”19
The recommendation will be notified to the prosecution, and when the latter two recommendations
are made, the prosecutors will reopen the case. Upon reinvestigation, they may reconsider their positionand prosecute, or maintain their initial decision and not prosecute.
The Committee’s recommendations were formerly purely advisory, but from May 2009, if theprosecutor’s decision not to prosecute a particular case twice receives a recommendation of “prosecution
is proper,” a court will appoint an attorney, who will undertake the role of the prosecutor and file charges
in accordance with the Committee’s recommendation. The system is called “compulsory prosecution.”
According to past statistics, a recommendation of “prosecution is proper” is not very common: during thefive year period of 2005-09, 53 (0.5%) out of 10,513 cases reviewed by the Committee resulted in thisrecommendation. As of January 2011, there have been four instances of compulsory prosecution.
3.

Quasi-Prosecution

Quasi-prosecution is a procedure applicable to offences of “abuse of authority” by certain
government officials. If a person who has filed a complaint or accusation of such offences is dissatisfied
with the public prosecutor’s decision not to prosecute, the person may apply to a District Court to commit

18 White Paper on Crime 2010, Ministry of Justice, Japan.
19 Ibid.

− 23 −

the case to trial. This system is intended as a safeguard against unreasonable non-prosecution decisions byprosecutors. However, in practice, prosecutors do prosecute if the offence is serious enough and there issufficient evidence. Accordingly, the number of cases committed to trial has been few. During the last 15
years, 4,724 applications for quasi-prosecution were filed, but only three were granted.
E.

Victim Notification Programme

Victims of crime have legitimate interest in knowing the outcomes of their cases. In 1999, theprosecutors office introduced the Victim Notification Programme to keep victims informed of the progressand outcomes of their cases. Notification is not automatic. As some victims prefer not to be contacted,
notice is given to only those who have asked for it.
Information notified under the programme includes the following:
(1)
(2)
(3)
(4)
(5)

Disposition of the case (e.g. prosecution for formal trial, summary prosecution, non-prosecution
or referral to the Family Court);
Venue and time of the trial;
The results of the trial (conclusion section of the judgment, status on appeal);
The perpetrator’s custody details, the indicted facts, summary of the reasons for nonprosecution, and other matters similar to those listed in (1) to (3); andThe matters concerning the perpetrator after conviction is finalized:• Name and location of the prison where the perpetrator is imprisoned.
• The possible schedule for release from prison (the scheduled date of release on completionof the sentence, parole) after the prison sentence becomes final.
• Treatment of the perpetrator in prison (updates are given around once every six months).
• The date when the perpetrator was actually released (release on completion of the sentence,parole).
• The date when suspension of execution of the sentence was revoked.
• The date when a decision was made for granting parole.
• The date when probation was commenced and the scheduled end thereof.
• Treatment during probation (updates are given around once every six months).
• The date when probation ended.

− 24 −

CHAPTER 5 TRIAL PROCESSI.

SOME BASIC PRINCIPLES AND CHARACTERISTICS

A.

Presumption of Innocence

Every defendant is presumed innocent until proven guilty. The standard of proof is “beyond areasonable doubt”: a preponderance of evidence as used in civil proceedings is not sufficient to sustain acriminal conviction. The burden of proof is on the public prosecutor. Unless the prosecutor establishes every
element of the offence beyond a reasonable doubt, the defendant must be acquitted or may be convicted
only of a lesser included offence.
B.

Public Trials

Defendants have the right to a speedy and public trial by an impartial tribunal (Article 37-1 of
the Constitution). Trial must be conducted and judgment must be announced publicly. Exceptions are
permitted only under very limited circumstances.
The trial opens with the judge(s) and a public prosecutor in attendance. The defendant has the rightand duty to be present. As a general rule, trials cannot open without the presence of the defendant, but thisobligation may be exempted in certain minor cases. Moreover, when a defendant under detention refuses
to appear without justifiable reasons and certain other conditions are met, the court may proceed without
the presence of the defendant. For the presence of counsel, see D below.

Criminal Trial (moot)C.

Right to Remain Silent

The defendant has the right to remain silent: he or she may remain silent at all times, or answer somequestions and refuse others. In practice, most defendants voluntarily answer questions asked by the defence
counsel, the public prosecutor, and the court.
D.

Right to Counsel

Defendants have the right to the assistance of competent counsel. If the defendant is unable to secure
his or her own counsel, one will be appointed by the court. In Japan, the availability of court-appointed
counsel is not limited to indigent defendants.
Trial proceedings cannot be held without the presence of counsel if: (i) the defendant is charged with
an offence punishable by death, life, or a maximum term of more than three years’ imprisonment; (ii) thecase has been sent to pretrial conference procedure (see page 27); or (iii) the case is tried by the speedy
trial procedure (see page 20).

− 25 −

E.

Adversarial Procedure

The Japanese criminal trial is a hybrid of the European and Anglo-American systems, with muchgreater emphasis on the Anglo-American adversarial model. While the court maintains control over theproceedings, it is the parties, especially the prosecutor, that take the active and leading role in developing
the facts of the case. The court cannot try a case unless prosecuted by the public prosecutor, and thedefendant cannot be convicted of an offence greater than the one charged in the prosecutor's charging
instrument.
F.

No Arraignment

There is no system of arraignment as exists in the Anglo-American countries. A plea or admission of
guilt by the defendant will not waive trial, and the prosecutor is still required to prove the defendant’s guilt
beyond a reasonable doubt.
G.

Single Stage Procedure

Some countries divide the criminal proceeding into two stages: the determination of the defendant’s
guilt or innocence, and the sentencing. The Japanese criminal procedure is different, and like many countries
in Europe, combines these two stages into one. Evidence relevant to the defendant’s guilt and evidence
relevant to sentencing will be heard during the trial, and a single judgment setting forth the facts found by
the court and specifying the sentence to be served, or that which acquits the defendant, will be announced.
II.

Saiban-In Trials

Saiban-In is a recently created word used to describe the “lay judges” who participate in Saiban-In
trials. Saiban-In trial was introduced by the Act on Criminal Trials Examined under the Lay Judge System,
which came into force on 21 May 2009. Saiban-In cases are tried by a mixed panel consisting of threeprofessional judges and six Saiban-In.
Saiban-In are randomly for each case selected from among the voters through a procedure similar tojury selection in some other countries. Saiban-In collaborate with professional judges to decide on issuesof facts and sentencing. Each Saiban-In and professional judge has equal voting power. Procedural issues
and matters of legal interpretation are left to the professional judges.
Saiban-In trials will be held for (i) offences punishable by death or imprisonment for life; or (ii)intentional conduct resulting in the victim’s death, for which a minimum term of one year’s imprisonmentis prescribed. Such offences include murder, robbery resulting in death or injury, rape resulting in deathor injury, arson of an inhabited residence, and certain serious drug offences. Saiban-In trial is mandatory:
defendants may not waive it and request a bench trial. It is estimated that approximately three percent of
trials will be Saiban-In trials.

Court Room for Saiban-In Trial(Photo provided by Supreme Court)− 26 −

III.

TRIAL PROCEEDINGS

A.

Procedure before Trial

1.

Introduction

In Japan, the charging power belongs exclusively to the public prosecutor, and a formal charge ispresented in the form of a written charging instrument called Kiso-Jo, prepared by a prosecutor. The KisoJo has to contain a clear description of the elements of the offence charged, and no evidentiary material
may be attached to it. See page 20 for more details.
Criminal cases are tried by a judge, a three judge panel, or a mixed panel of three professional judges
and six lay judges (Saiban-In), depending on the nature of the charge.
2.

Disclosure

The public prosecutor and the defence counsel are required to disclose to the other party evidence
they intend to introduce at trial. The pretrial conference procedure, which was introduced in 2005, provides
for wider discovery.
3.

Pretrial Conference Procedure

After hearing the opinions of the parties, the court may set the case for pretrial conference procedure.
Cases that will be tried by a Saiban-In court must be put to pretrial conference procedure. Through thisprocedure, the parties prepare and clarify their arguments and disclose evidence, and the court makes
necessary rulings and advance planning for the upcoming trial.
In the pretrial conference procedure, the prosecutor and the defence counsel are required to disclose
to the other party evidence they intend to introduce at trial. Moreover, the prosecutor is required to disclose
certain categories of evidence to the extent they are relevant, even if he or she has no intention of using
them at trial. The categories include the following: physical evidence; forensic analysis reports; recorded
statement documents of prosecution witnesses; recorded statement documents of the defendant; andinvestigative reports that show the date, time, location, and other details of the questioning of the suspect(the defendant). Further disclosure may be available under certain circumstances.
Parties are required to clarify the arguments and defences they intend to present during trial, andmake offers of evidence to support them. Once the pretrial conference procedure has concluded, neither
party is allowed to offer additional evidence unless it can be shown that the delay was unavoidable.
B.

Trial

Trial can be divided into four stages: the opening proceeding, examination of evidence, questioningof the defendant, and the closing arguments.
1.

Opening Proceeding

At the opening of a trial, the court will address the defendant and ask that he or she identifies him or
herself. Next, the charge will be read by the prosecutor attending the trial. After that, the court will advise
the defendant of his or her rights, and give the defendant and defence counsel an opportunity to makestatements.
As explained earlier, the defendant has the right to remain silent and is not required to make any
statement. In practice, however, most defendants make a statement and admit their guilt. In 2009, 91.2
percent of defendants processed in the District Courts admitted their guilt.20

20 Annual Report of Judicial Statistics for 2009.

− 27 −

2.

Examination of Evidence

Examination of evidence begins with the prosecutor’s opening statement, which outlines the facts
he or she intends to prove at trial. Then, the prosecutor’s evidence will be introduced. Real evidence will
be displayed, testimony of witnesses will be heard, and documentary evidence will be read in full or besummarized. Admissibility of documentary evidence is limited. For more information, see section C on thehearsay rule.
Following the prosecutor’s case in chief, the defence will present its evidence for rebuttal.
As regards the testimony of witnesses, the party calling the witness will first question the witness,and the other party will cross-examine. The party calling the witness is entitled to ask follow-up questions,and at the end, the court will ask supplementary questions if necessary. Under limited circumstances,
witnesses may be allowed to sit in a different room connected to the court via video-link technology, andgive their testimony from that room.
3.

Questioning of Defendants

Following examination of other evidence, the defendant will be placed under questioning: first by
the defence counsel, then by the prosecutor, and finally by the court.
Japanese defendants are not questioned as witnesses. They are not placed under oath, and they may
refuse to answer any questions at any time. Despite their right to remain silent, however, most defendants
voluntarily answer questions.
4.

Closing Arguments

When all the evidence is heard, the prosecution and then the defence will make their closing
arguments. The arguments will cover issues of fact, law, and sentencing. Prosecutors make sentencing
recommendations at the end of their closing arguments.
Starting in 2008, a system of victim participation was introduced in Japan. This system allows
victims of certain serious offences and their bereaved families, with the approval of a court, to act as victim
participants. Victim participants may also present their closing arguments.
C.

Rules of Evidence

1.

Hearsay Rule

Hearsay is an out-of-court statement not subjected to cross examination. Hearsay is inadmissible
unless (i) the other party consents to its use; or (ii) it fits into one of the exceptions provided for in the CCP.
All documentary evidence is hearsay.
2.

Hearsay Exceptions(1)

Consent

Consent is essentially a waiver of the right to confront and cross-examine witnesses. When theserights are waived, there is no further need to exclude the hearsay in question. In practice, consent isvery widely used. As most defendants do not contest their guilt and their only interest is in sentencing,
documentary evidence offered by the prosecutor, such as police reports, written statements of witnesses,
and the defendant’s confessions, are admitted with the defendant’s consent. This practice enables speedy
disposition of uncontested cases.
(2)

An Example of Other Hearsay Exceptions: Written Statements taken by a Public Prosecutor
When a witness is unavailable to testify at trial, written statements taken by a public prosecutor and− 28 −

signed by the witness may be admitted as a hearsay exception. Likewise, if the witness takes the stand but
the testimony differs from previous statements, prior inconsistent statements taken by a public prosecutorand signed by the witness may be admitted as a hearsay exception, provided there is circumstantial
guarantee of trustworthiness.
3.

Confessions

Under Article 38-2 of the Constitution and Article 319-1 of the CCP, confessions are inadmissible
unless voluntarily made. The objectives of the voluntariness requirements are generally understood as
follows: (i) to exclude false confessions; (ii) to protect the rights of the accused, especially the right toremain silent; and (iii) to exclude illegally obtained confessions.
Furthermore, under Article 38-3 of the Constitution and Article 319-2 of the CCP, a defendant cannot
be convicted if the only incriminating evidence is his or her confession.
4.

Exclusionary Rule

According to Supreme Court precedents, serious violations of procedural rules can result in theinadmissibility of illegally obtained evidence. The application of the exclusionary rule is decided on acase-by-case basis, and factors taken into consideration include: the situation under which the illegality
occurred; the seriousness of the violation of the law; the intention of the investigating officers, and the needto prevent future illegality.
D.

Adjudication and Sentencing

As stated earlier, a single judgment that sets forth the finding of the court and specifies the sentence
to be served, or that which acquits the defendant, will be announced at the end of the trial. In 2009, theacquittal rate was 0.11 percent in District Courts and 0.17 percent in Summary Courts. The acquittal rate
for contested cases was 2.55 percent in District Courts and 4.76 percent in Summary Courts. See page 31
for more information on penalties, adjudication outcomes, and the sentencing distribution in Japan.
E.

Length of Trial

In 2009, the District Courts and Summary Courts disposed of a total of 76,590 cases. Ninety threepoint one (93.1) percent of District Court cases were disposed of within six months of the initiation ofprosecution, and 76.5 percent were disposed of during the first three months. Ninety eight point three (98.3)
percent of Summary Court cases were disposed of within six months, and 90.4 percent were disposed ofduring the first three months. The average length required for the disposition was 2.9 months in District
Courts and 2.0 months in Summary Courts. District Courts held an average of 2.5 trial dates and Summary
Courts an average of 2.1.21
The Act on the Expediting of Trials of 2003 provides that “the objective of expediting trials shall be
to conclude the proceedings of the first instance in as short a time as possible within a period of two years.”
At the end of 2009, there were 219 criminal cases pending in the District Courts for over two years.
A new trial procedure (Speedy Trial Procedure) applicable to certain uncontested cases wasintroduced in 2006 by an amendment to the CCP. See page 20 for more details.

21 Ibid.

− 29 −IV.

APPEALS

Appeals are classified as Koso appeals, Jokoku appeals, and Kokoku appeals. The first two lie against
judgments (Hanketsu), while the latter lies against decisions (Kettei) and orders (Meirei). When both parties
waive the right to appeal or all avenues for appeal have been exhausted, the judgment becomes final andenforceable. Contrary to the Anglo-American system, it is not unconstitutional to afford a right of appeal
to a public prosecutor against an acquittal.
A.

Koso Appeals

A party who is dissatisfied with the judgment of the first instance can file a Koso appeal to a High
Court. It is instituted by filing a written motion in the original trial court within 14 days after judgment.
The ground for this appeal should be one or more of the following: (i) non-compliance with procedural
law in the trial proceedings; (ii) an error in the interpretation or application of law which clearly influenced
the judgment of the first instance; (iii) excessive severity or leniency in sentence; and (iv) an error in factfinding in a guilty or not-guilty judgment. The High Court examines, in principle, only the written recordof the case, including the documentary evidence examined by the court below, and considers the argumentsof both the defence counsel and the public prosecutor. However, when deemed necessary, the High Court
can examine additional witnesses or the same witnesses as examined by the trial court.
If there is no reversible error, the appeal will be dismissed. If there is reversible error, the High Court
will vacate the judgment and remand the case to the trial court. If the High Court finds that a new decision
can be made on the basis of the proceeding and evidence (including evidence examined at the appellate
level), it may vacate the judgment below and, without remanding, enter its own judgment.
B.

Jokoku Appeals

If unsatisfied with the High Court judgment, the parties can file a Jokoku appeal with the Supreme
Court within 14 days after the judgment. The purpose of Jokoku appeal is to ensure proper interpretationof the Constitution and law. Therefore, the grounds for this appeal are limited to: (i) a violation of theConstitution or an error in interpretation or application of the Constitution; (ii) contradiction with Supreme
Court precedent; and (iii) contradiction with High Court precedent, when no Supreme Court precedent
exists.
However, as the court of last resort, the Supreme Court is authorized, at its discretion, to reverse
lower court decisions on the following grounds: (i) a serious error in interpretation or application of law;(ii) an extremely unjust sentence; (iii) a grave fact-finding error which is material to the judgment; (iv) any
reason which would support reopening of procedures; and (v) punishment which has been abolished orchanged or for which a general amnesty has been proclaimed after the rendition of the original judgment.
The Supreme Court only examines the record of the case and never examines witnesses or defendants.
When the Supreme Court concludes that there is no ground for reversal, it dismisses the appeal. If grounds
exist, the Court will vacate the judgment below and either remand the case or enter its own judgment.
V.

EXTRAORDINARY REMEDIESEven after all avenues of appeals have been exhausted and the judgment has been finalized, it may
still be set aside under very limited circumstances. There are two types of extraordinary remedies: Saishin(new trial) and Hijo Jokoku (extraordinary appeals).
A public prosecutor and a convicted defendant or his or her relatives may ask for a Saishin underlimited circumstances, including when new evidence is discovered that clearly demonstrates that thedefendant should be acquitted. The Prosecutor General may file a Hijo Jokoku appeal when it is discoveredthat a finalized judgment was in violation of law (for example, a fine exceeding the maximum amountauthorized by law). Saishin or Hijo Jokoku may not adversely affect the position of the convicted defendant.

− 30 −

VI.

PUNISHMENT

A.

Categories

1.

Overview

Principal punishments are classified, in descending order of severity, as death penalty, imprisonment
with work, imprisonment without work, fine, misdemeanour imprisonment without work, and petty fine.
Confiscation is a supplementary penalty, which may be imposed in addition to principal punishments.
When items subject to confiscation cannot be actually confiscated, an order of collection of equivalentvalue may be imposed instead. The Special Narcotics Control Law and the Anti-Organized Crime Law
both have special provisions designed to facilitate the confiscation of proceeds of crime.
2.

Death Penalty

The death penalty is not unconstitutional in Japan, but it is very sparingly used. In practice, its
application is limited to murder and robbery resulting in death. The total number of capital sentences
rendered during the five-year period from 2005 to 2009 was 54. The death penalty cannot be imposed upon
offenders who were under the age of 18 at the time of the offence. Executions are carried out by hanging.
3.

Imprisonment

Imprisonment may be with or without work. The former involves obligatory work assignment while
the latter does not. The length of imprisonment may be for life (the precise wording in Japanese law is “foran indefinite period”), or for a specific term. The maximum term authorized for a single offence is 20 years,
but it can be extended up to 30 years under certain circumstances.
4.

Fine, Misdemeanour Imprisonment without Work, Petty Fine

Fines range from ¥10,000 and upward, and the maximum amount differs for each offence.
Misdemeanour imprisonment without work is confinement without work assignment for a period of one
to 29 days, and petty fines range from ¥1,000 up to not more than ¥10,000. Persons unable to pay the fullamount of a fine or a petty fine may, as a substitute, be detained in a workhouse in accordance with a dailyrate fixed by the sentencing court.
B.

Suspension of Execution of Sentence

The court, when sentencing a defendant to imprisonment not exceeding three years or a fine notexceeding ¥500,000, may suspend the execution of the sentence for one to five years if one of the following
conditions are met: (i) the defendant has not previously received a sentence of imprisonment without work
or a greater punishment; or (ii) the defendant has previously received a sentence of imprisonment withoutwork or a greater punishment, but five years have passed since the completion of that sentence.
If the offender, during the suspension period, is convicted of another crime and sentenced to
imprisonment without work or a greater punishment, unless circumstances especially favourable tothe offender are shown and certain other conditions are satisfied, the suspension will be revoked, andthe offender will serve two sentences consecutively. If the offender maintains good behaviour and thesuspension period passes without revocation, the entire sentence will automatically lose its legal effect at
the end of the suspension period, and the offender will no longer have to serve the sentence.
The sentencing court, when suspending the execution of a sentence, may place the offender underprobation for the duration of the suspension.
C.

Outcomes of Court Proceedings1.

Formal Trials
The following table shows the adjudication outcomes and the sentencing distribution of defendants− 31 −

disposed of in courts of first instance (District Courts and Summary Courts) in 2009. The total numberof defendants was 75,128. Of these, 74,733 were convicted, 85 were acquitted, and the conviction rate
was 99.89%. Of 71,871 defendants sentenced to imprisonment, 42,569 (59.3%) received a suspension of
execution.22
Conviction

2.

74,733
Death Penalty

9Imprisonment with work

68,519Life

69(0.1%)

more than 20 years to 30 years

53(0.1%)

more than 10 years to 20 years

276(0.4%)

more than 5 years to 10 years

1,345(2.0%)

more than 3 years to 5 years

3,191(4.7%)

1 year to less than 3 years

48,420 (70.7%)

6 months to less than 1 year

12,779 (18.7%)

less than 6 months

2,386

Imprisonment without work

3,352

Fine

2,836

Misdemeanour imprisonment
without work and Petty Fine

17

Acquittal

85

Others310(100%)(3.5%)

Summary Proceedings

In 2009, Summary Courts issued a total of 437,848 summary orders: 434,813 were for fines, and3,035 were for petty fines.
D.

ParoleInmates serving prison sentences may by released early on parole. Parole decisions are made by
Regional Parole Boards upon application by the warden of the correctional institution where the inmate ishoused: the inmate him or herself is not entitled to apply for parole. Inmates must have served one third of
their sentences (or ten years in the case of life sentences) before they become eligible for parole.

VII.

COMPENSATION FOR INNOCENCE

A defendant detained and subsequently acquitted is entitled to receive state compensation. Likewise,
state compensation is required when the prosecutor decides not to prosecute a suspect who has been taken
into custody, and there are sufficient reasons to believe that no crime has been committed by the suspect.
Furthermore, suspects and defendants may sue the state for damages if they can prove that the authorities,
intentionally or negligently, inflicted unlawful damages.

22 Annual Report of Judicial Statistics for 2009. The Trend of Criminal Cases in 2009, Criminal Affairs Bureau of the General Secretariat of
the Supreme Court. The figures are the number of the defendants disposed of at the court of first instance. They slightly differ from those in
the Criminal Justice Flow Chart in page 14, which shows the number of defendants whose cases were finalized.

− 32 −

VIII. SPECIAL PROCEDURES FOR JUVENILE CASESThe Juvenile Law of 1948 establishes a special procedure for juvenile cases. Juveniles are defined as
persons less than 20 years of age, and the underlying philosophy of the law is that, for juveniles, education
and rehabilitation are preferable to criminal punishment. While regular criminal cases are tried in District
Courts and Summary Courts, juvenile cases are primarily dealt with in Family Courts.
The age of criminal responsibility in Japan is 14, and the following types of juveniles come under
the jurisdiction of a Family Court:
(1)
(2)
(3)

Juveniles, 14 years or older, who have committed a criminal offence;
Juveniles, 13 years or younger, who have committed an act which would have been criminal
except for the age requirement; andJuveniles who are prone to commit crimes or violate criminal laws in light of their character,behaviour, or surrounding circumstances.

Family Court proceedings begin when a juvenile case has been received from one of various sources.
In practice, they mainly come from the police and the public prosecutors. The Family Court will first makean inquiry into whether a juvenile hearing should be opened, and in doing so, the court will assign the case toa family court probation officer, who will undertake a thorough social inquiry into the personality, personal
history, family background, and environment of the juvenile. The court may also detain the juvenile ina juvenile classification home. The maximum period of detention is four or eight weeks depending on
the circumstances, and during the period, a scientific assessment (classification) of the personality anddisposition of the juvenile will be conducted by the classification home.

Assessment in a Juvenile Classification HomeIf, after the inquiry, the court determines that there are no grounds or it is inappropriate to open ahearing, the case will be dismissed without a hearing; otherwise, a juvenile hearing will be opened. The
Juvenile Law requires that the hearing be conducted in a warm atmosphere. The hearing is not open to the
public except for victims and their families, under limited circumstances and with permission of the court.
Likewise, public prosecutors are generally not entitled to attend the hearing.
When the hearing is completed, the Family Court will either (i) place the juvenile under protective
measures; (ii) refer the case back to prosecutors; (iii) refer the case to a child guidance centre; or (iv)
dismiss the case upon hearing.
There are three forms of protective measures: probation, commitment to institutions establishedunder the Child Welfare Act, and commitment to a juvenile training school.

− 33 −

Referral to public prosecutors takes place when the court determines that criminal punishment
should be imposed. Juveniles aged 16 years or older who have committed an intentional act that resulted in
the death of a victim must be referred to public prosecutors unless the court determines otherwise. Publicprosecutors, as a general rule, are required to prosecute the cases referred to from the court. Such cases will
be prosecuted and tried in almost the same manner as offences committed by adult offenders. However,juveniles are generally punished by indeterminate sentences (a ten year maximum), and capital punishment
may not be imposed on juveniles who were under 18 years old at the time of their offence.
Cases will be dismissed upon hearing when the court determines that there are no grounds or that it
is not necessary to make any particular disposition.

− 34 −

CHAPTER 6 CORRECTIONAL SERVICEI.

INTRODUCTION

The administration of penal institutions and the treatment of inmates are regulated by such basic
laws and regulations as the Act on Penal Detention Facilities and Treatment of Inmates and Detainees of2005 [hereinafter the Act in Section II of this Chapter]; the Ordinance on Penal Institutions and Treatment
of Inmates (Ministry of Justice Ordinance, 2006); and by other directives issued by the Minister of Justice.
The Juvenile Law of 1948 and the Juvenile Training School Law of 1948 govern the administrationof juvenile training schools and juvenile classification homes.
II.

EFFECTIVE TREATMENT OF INMATES IN PENAL INSTITUTIONSA.

Trends in the Inmate Population in Penal Institutions

The average population of inmates in Japanese penal institutions generally decreased from the end ofWorld War II to 1992, when it numbered 44,876; however, it rose steadily between 1993 and 2007, when
it reached 80,684, and it exceeded the capacity of penal institutions between 2001 and 2006. Because of
construction and renovation of penal institutions and the decrease of the inmate population since 2008, thisovercrowding has eased. As of 31 December 2009, the total capacity of penal institutions is 90,354 (72,311
for sentenced inmates and 18,043 for unsentenced inmates), and the actual population is 75,250 (67,083
sentenced inmates and 8,167 unsentenced inmates).
Fig. 2 Trend in the Average Population of Inmates in Penal Institutions
120,000

100,000

80,00060,00040,00020,000

1950

1955

1960

1965

1970

Sentenced

1975

1980

Unsentenced− 35 −

1985

1990

Other

1995

2000

2005

B.

Philosophy of the Treatment of Inmates

The Act stipulates basic principles on the administration of penal institutions and treatment ofinmates as follows:
The purpose of this Act shall be to conduct adequate treatment of inmates … with respect for their
human rights and in accordance with their respective circumstances, as well as to achieve theappropriate management and administration of penal detention facilities (i.e. penal institutions, …).
As regards the purpose of treatment of sentenced inmates, the Act provides as follows:
Treatment of a sentenced inmate shall be conducted with the aim of stimulating motivation forreformation and rehabilitation and developing the adaptability to life in society by working on his or
her sense of consciousness in accordance with his or her personality and circumstances.
On treatment of unsentenced inmates, the Act provides as follows:
Upon treatment of an unsentenced inmate, special attention shall be paid to the prevention of his or
her escape and destruction of evidence and to the respect for his or her right of defence, while taking
into consideration his or her status as an unsentenced inmate.
C.

Correctional Treatment of Sentenced Inmates

Correctional treatment of sentenced inmates consists of three main components: (i) work, (ii)guidance for reform, and (iii) guidance in school courses. In order to implement them effectively, the penal
institutions conduct assessments of individual inmates, place them into separate groups, and determine
the treatment guidelines for each inmate. In addition, various measures such as alleviation of restrictions,privilege measures, commuting to outside work, and day leave and furlough are provided.
1.

Assessment for Treatment

Penal institutions conduct periodic assessment of inmates. The initial assessment takes placewhen their sentence has become final and binding. It is a most comprehensive assessment and looks into
various factors: physical and mental conditions; life history; academic background; employment history;
membership of organized crime groups; criminal tendencies; family and life environments; aptitude forjobs or education; life and future plans; and any other relevant matters.
There are two stages to the initial assessment. The first half is conducted in the penal institution inwhich the inmate is accommodated at the time of the finalization of the sentence. The focus is on determining
the most appropriate penal institution for the inmate. The second half of the assessment is conducted in the
penal institution to which the inmate has been transferred. This is a more detailed assessment that looks
thoroughly into the inmate’s background.
On the basis of those assessments, a treatment guideline, which provides the objective, the contents,
and the methods of correctional treatment, will be determined for each inmate. The inmate’s performance
will be evaluated every six months and on an as-needed basis according to the treatment guidelines, which
will be revised if necessary.
2.

Prison Work

Inmates sentenced to imprisonment with work are obliged to engage in mandatory work assignments.
Prison work is planned and organized so as to serve various objectives: facilitating social reintegration by
providing vocational knowledge and skills; enhancing mental and physical health and the will to work;and encouraging inmates to become more conscious of their role and responsibility in community life.

− 36 −

Prison work in Japan is divided broadly into three categories: production work, vocational training, andself-maintenance work. Figure 3 shows the types of prison work, and the numbers of sentenced inmates
and workhouse detainees assigned to each work type.
Fig. 3 Ratio of sentenced inmates etc. working in prison industry
Self-Maintenance
Work
16%

Dressmaking
12%

Vocational
Training
3%

Metal
12%
Woodwork
4%
Production
Work
81%

Printing 2%
Leather 2%

Others49%(as of the end of 2009)

Inmates engaged in prison work receive incentive remuneration. It is not a wage paid according to
the amount of work, but an incentive paid for the purpose of encouraging work and providing inmates withfunds to prepare for life after release. The average remuneration paid monthly to one sentenced inmate in
FY 2009 was 4,351 yen.
Sentenced inmates usually work within penal institutions, but those who satisfy the necessary
conditions may be permitted to commute to a business establishment outside without the supervision ofpenal institution staff.

Vocational Training− 37 −

3.

Guidance for Reform

Guidance for reform is provided in order to encourage sentenced inmates to take responsibility
for their crimes, and to acquire the knowledge and lifestyle necessary for adapting themselves to life insociety. There are two types of guidance: general guidance for all sentenced inmates and special guidance
for inmates with certain difficulties.
General guidance is provided through lectures, interviews, and other available measures, and it aims(i) to make inmates understand the circumstances and feelings of crime victims; (ii) to let them develop a
regular lifestyle and a sound perspective and point of view; and (iii) to make them understand information
for life planning after release and develop a law-abiding spirit and behaviour.
As for special guidance, the following six programmes are currently provided: guidance forovercoming drug addiction; guidance for withdrawal from an organized crime group; reoffending
prevention guidance for sex offenders; education from the victim’s viewpoint; traffic safety guidance; andjob assistance guidance.

Group Work

4.

Guidance in School Courses

Many sentenced inmates lack sufficient educational attainments to lead a productive life. For suchinmates, penal institutions provide guidance in elementary school and junior high school courses, which
include Japanese language courses and mathematics courses. Inmates who have not finished compulsory
education may have a chance to study and to take junior high school equivalency examinations. For
inmates whose progress in studies has been deemed particularly conducive to smooth re-entry into society,guidance in high school or university courses may be provided.
D.

Complaints Mechanism
Inmates are allowed to file various forms of complaints, as follows.

1.

Claim for Review and Reclaim for Review

An inmate who is dissatisfied with the measures taken by the warden of the penal institution,such as restriction on correspondence and disciplinary punishment, may file a claim for review with theSuperintendent of the Regional Correction Headquarters. Inmates dissatisfied with the Superintendent’s
determination may file a further claim for review with the Minister of Justice.

− 38 −

2.

Report of Cases

An inmate who has suffered an illegal or unjust act by a staff member of the penal institution mayreport the case to the Superintendent of the Regional Correction Headquarters. The Superintendent of theRegional Headquarters shall confirm whether or not the case occurred and notify the inmate of the findings.
If dissatisfied with the results, the inmate may report the case to the Minister of Justice.
3.

Filing of Complaints

An inmate may file a complaint with the Minister of Justice, the inspector, or the warden of the penal
institution with regard to any treatment he or she has received. The inspector is appointed by the Ministerof Justice to conduct on-the-spot inspections at each penal institution at least once a year to ensure that thepenal institution is appropriately administered.
E.

Penal Institution Visiting Committee

Each penal institution has a Penal Institution Visiting Committee, a third party committee composed ofa maximum of ten members appointed by the Minister of Justice. The Committee studies the administrationof its corresponding penal institution by visiting it and interviewing inmates, and provides its opinion to thewarden. This system serves to ensure transparency in the administration of penal institutions, contribute toits improvement, and enhance the partnership between the penal institutions and the community.

III.

EFFECTIVE TREATMENT OF JUVENILES IN JUVENILE TRAINING SCHOOLS

A.

Overview

1.

Structure of Juvenile Training Schools

A juvenile training school is a correctional institution that provides correctional education tojuveniles committed to it by Family Courts. Commitment to a juvenile training school is one of the threeforms of protective measures that can be taken by Family Courts (see page 33). As of 2010, there are 51
juvenile training schools and one branch juvenile training school. In 2009, a total of 3,962 (3,544 male and418 female) juveniles were newly admitted.
There are four types of juvenile training schools categorized by the age, level of criminal tendency,
and mental or physical conditions of the juveniles: primary, middle, special, and medical. The type ofschool to which a juvenile will be committed is specified in the decision of the Family Court. Except for
medical juvenile training schools, each school accommodates males or females exclusively.
Juvenile training schools offer long-term and short-term programmes, and the latter is further divided
into general short-term programmes (maximum term of detention: generally, six months) and special shortterm programmes (maximum term of detention: four months). The maximum term of detention for the
long-term programme is, as a rule, two years. Primary and middle juvenile training schools provide both
long-term and short-term programmes whereas special and medical juvenile training schools offer longterm programmes only.
2.

Outline of the Treatment Process

There are five components to the correctional education provided in juvenile training schools : (i)living guidance; (ii) vocational guidance; (iii) academic education; (iv) health and physical education;and (v) special activities. In order to implement them effectively, the treatment process is divided into theorientation stage, the intermediate stage, and the pre-release stage.
During the orientation stage, an individualized treatment plan (ITP) that sets the goals, contents, and− 39 −

methods of correctional education is drawn up for each juvenile. In doing so, reports prepared by juvenileclassification homes and family court probation officers (see page 33) are taken into consideration. In
accordance with the ITP, educational activities are fully implemented during the intermediate stage, andeducational treatment designed to facilitate reintegration into society is provided in the pre-release stage.
As a general rule, commitment to a juvenile training school is until the juvenile offender reaches 20
years of age, but that may be extended under certain circumstances. In practice, the majority of juveniles
are released early on parole by a decision of the Regional Parole Board, in which case he or she will beplaced under probation by the probation office.
B.

Correctional Education

As stated above, there are five components to correctional education: living guidance, vocational
guidance, academic education, health and physical education, and special activities.
1.

Living Guidance

Living guidance is the centrepiece of correctional education. Through various methods such as oneto-one or group counselling, essay guidance, diary guidance, and role lettering, it addresses: (i) problems
in the juvenile’s way of thinking, attitude, and behaviour that could lead to delinquency; (ii) problems inthe juvenile’s predisposition and emotions; (iii) enrichment of sentiments; (iv) life habits, law-abiding andself-controlling attitudes, and relationships with others; (v) problems in the juvenile’s relationship withfamily and friends; and (vi) career selection, life planning, and social reintegration.
As part of living guidance, “Education from the Viewpoints of the Victims,” which aims at deepening
juveniles’ understanding on the feelings and sufferings of their victims, is implemented in every juvenile
training school.
2.

Vocational Guidance

Vocational guidance is offered to foster the will to work and to equip juveniles with skills andknowledge necessary in vocational life. As part of vocational guidance, vocational training is available forwelding, woodcraft, civil engineering and construction, construction machinery, agriculture, horticulture,
office work, nursing services and other subjects. In 2009, 46.6% of released juveniles had obtained
qualifications or licences related to their vocational guidance course, and 52.0% had obtained qualifications
and licences unrelated to their vocational guidance course.
3.

Academic Education

Academic education is provided to juveniles who have not completed compulsory education(elementary and junior high school level). Senior-high-school level education is also provided to qualified
juveniles who need and wish to receive it. Supplementary education to equip juveniles with basic scholastic
ability needed for daily life or to prepare them for their return to school is provided as well.
4.

Health and Physical Education

Health education provides guidance on health care and disease prevention, including guidance on
a balanced diet, the harm of illicit drugs, and prevention of sexually transmitted diseases. In physicaleducation, various sports activities are organized to enhance physical strength, concentration, patience,compliance with rules, and co-operativeness.
5

Special Activities

Special activities include voluntary activities, extramural educational activities, club activities, andrecreation. Volunteer work and study tours are conducted as extramural educational activities. Volunteer
visitors, chaplains, members of the Women’s Association for Rehabilitation Aid, and members of BBS (Big− 40 −

Brothers and Sisters Movement) associations offer support for such activities.
C.

Medical Care

Ordinary medical care is provided by the medical section of juvenile training schools. Juveniles inneed of special medical care are treated in one of the two medical juvenile training schools. Juveniles canalso receive treatment in hospitals outside of the school when necessary.

Group Work in a Juvenile Training School− 41 −

CHAPTER 7 REHABILITATION OF OFFENDERSI.

PROBATION AND PAROLE

A.

Overview

Both probation and parole are forms of community-based treatment of offenders and juvenile
delinquents.
Probation is a court-imposed disposition that places the offender or juvenile delinquent under thesupervision and assistance of the probation office, while allowing them to remain in the community. Aslong as they abide by the conditions of probation, probationers can avoid being committed to prisons orjuvenile training schools.
Parole is the supervised early release of offenders and juvenile delinquents who have been committed
to prisons or juvenile training schools. Parole decisions are made by Regional Parole Boards (see page 8),
and parolees are also placed under the supervision and assistance of the probation office.
The probation office deals with the following four categories of individual:
juveniles placed on probation by the Family Court (juvenile probationers);(1)(2)
juveniles provisionally released from juvenile training schools on parole (juvenile parolees);(3) inmates released from prisons on parole (adult parolees); and(4)	offenders who received a suspended sentence and were placed on probation by the sentencing
court (adult probationers).

1.

Juvenile Probationers

The Family Court, after a juvenile hearing, may place a juvenile delinquent under a protective
measure, and probation is one of the options available as a protective measure (see page 33 for moredetails). The legally prescribed period of probation for a juvenile probationer is until he or she reaches 20
years of age or for two years, whichever is longer. In 2009, the Family Court placed 26,172 juveniles on
probation. This represents 17.6 % of the juveniles who were disposed of by the Family Court.
2

Juvenile Parolees

A juvenile committed to a juvenile training school may be provisionally released on parole by adecision of the Regional Parole Board. Juvenile parolees are placed on probation during the period ofparole, which is, as a general rule, until reaching 20 years of age. In 2009, 3,867 juveniles were paroledfrom juvenile training schools, accounting for 99.4 % of those who were released from juvenile training
schools.
3.

Adult Parolees

An offender serving a prison sentence may be conditionally released on parole by a decision of theRegional Parole Board. The inmate must have served at least one third of the sentence (or ten years in
the case of a life sentence) before he or she becomes eligible for parole. An adult parolee shall be placedon probation for the remaining term of the sentence (in the case of offenders paroled from life sentences,
probation runs for life). In 2009, of the 30,178 inmates released, 14,854 (49.2%) were released on parole.

− 42 −

4.

Adult Probationers

Under certain circumstances, a sentencing court may suspend the execution of the sentence andplace the convicted offender on probation. In Japan, adult probation is not a distinct sentencing option: it is
only used as a measure complementary to the suspension of execution of sentence. The period of probation
ranges from one to five years, corresponding to the period of suspension of the execution of sentence
specified by the sentencing court. See page 31 for more details on suspension of the execution of sentence.
Of the 71,871 offenders sentenced to imprisonment in 2009, 42,569 (59.3%) had the execution of
their sentences suspended, of which 3,622 were placed on probation.
B.

Parole Procedure

Screening for release on parole is a major duty of Regional Parole Boards. In Japan, an inmate or ajuvenile committed to a juvenile training school has no right to apply for parole: the parole proposal mustcome from the head of the correctional institution in which the individual is accommodated. Alternatively,
the Regional Parole Board may commence a parole examination on its own initiative.
1.

Parole Examination

When a parole examination is initiated, a board member visits the institution and interviews theindividual in question. Later, three members of the board examine the case to evaluate whether therequirements for parole are met. The evaluation will consist of an examination of observations by theinterviewer, information from the inmate or juvenile’s institutional record and the probation office’s reporton the co-ordination of social circumstances. In addition, Regional Parole Boards are required to hear theopinions and feelings of the victims of the underlying offences, if requested.
The parole requirements for an adult parolee are that: (i) he or she has served at least one-third of adeterminate sentence or ten years of a life sentence; (ii) he or she demonstrates repentance and the will torehabilitate; (iii) there is no likelihood of reoffending; and (iv) society will accept his or her parole.
The parole requirements for a juvenile parolee are that: (i) he or she has reached the highest stage oftreatment and release on parole is appropriate for his or her improvement and rehabilitation; or (ii) releaseon parole is specially necessary for his or her improvement and rehabilitation.
2.

Parole Decision

When the panel of three board members finds that the requirements are met, they will make a parole
decision specifying the date of parole, place of residence during parole, and special conditions applicableto the parolee.
3.

Pre-parole Inquiry by Probation Officers

Probation officers attached to Regional Parole Boards visit correctional institutions regularly forparole preparation. They collect information through interviews with inmates, case conferences withcorrectional officers, and examination of relevant correctional records. The result of this investigation is
submitted to the Board, and a copy is also sent to the probation office to provide the field officer with thepertinent data on potential parolees.
C.

Probation and Parole Conditions

Probationers and parolees are required to abide by the general and special conditions of probation. A
failure to comply may result in adverse actions such as parole revocations.
1.

General Conditions
The general conditions of probation are specified in the Offenders Rehabilitation Act. General− 43 −

conditions are imposed on all juvenile and adult probationers and parolees alike, and they cannot bechanged or withdrawn during the probation or parole.
The general conditions are the following: (i) maintaining a sound attitude towards life; (ii)
responding to summons or interviews by professional and volunteer probation officers; (iii) providing
relevant information when requested by professional and volunteer probation officers; (iv) residing at thedesignated or registered residence; and (v) obtaining the permission of the director of the probation office
before changing residence or travelling for seven days or more.
2.

Special Conditions

In addition to the general conditions, special conditions necessary for improvement and rehabilitation
may be set for individual probationers and parolees. In the case of adult and juvenile probationers, special
conditions are determined by the director of the probation office after hearing the opinion of the court. In
the case of adult and juvenile parolees, special conditions are determined by Regional Parole Boards on thebasis of proposals by the director of the probation office.
Special conditions are chosen from among the itemized list in the Offenders Rehabilitation Act.
Unlike the general conditions, they may be added to, changed, or withdrawn during the probation or parolein accordance with changes in the circumstances of individual persons.
The examples of special conditions are: (i) prohibition of specific acts such as association withcertain persons, going to certain places, reckless wasting of money for pleasure, and excessive consumptionof alcohol; (ii) performing or continuing to perform certain acts such as engaging in work or attending
schools; and (iii) attendance at certain treatment programmes specified by the Minister of Justice.
3.

Life and Conduct Guidelines

The director of a probation office may, if necessary, establish individual guidelines for life andconduct that contribute to the improvement and rehabilitation of probationers and parolees. Unlike theprobation conditions, non-compliance with the guidelines does not result in adverse actions against theprobationer or the parolee.
D.

Implementation of Probation and Parole

1.

General Framework

The purpose of probation and parole, as defined in the Offenders Rehabilitation Act, is to “ensur[e]the improvement and rehabilitation of the probationers and parolees” through “instruction and supervision”
and “guidance and assistance.”“Instruction and supervision” is implemented by (i) maintaining contact with probationers andparolees and keeping track of their behaviour; (ii) giving necessary instructions or taking measures toensure that probationers and parolees comply with the general and special conditions of probation; and (iii)
providing professional treatment designed to improve specific criminal tendencies.
“Guidance and assistance” includes (i) assistance in securing accommodation; (ii) assistance inreceiving medical care; (iii) assistance in job placement and vocational guidance; (iv) improving and coordinating social circumstances; and (v) providing instructions on necessary life skills.
While the aim of “guidance and assistance” is to enable probationers and parolees to live an
independent life based on their own responsibility, they may face acute financial difficulties that canhamper their improvement and rehabilitation. Under such circumstances, the director of the probation
office may provide necessary “urgent aid” including medical care, meals, accommodation, clothes, and− 44 −

travel expenses. In 2009, 5,513 probationers and parolees received such urgent aid directly from probation
offices, and 5,439 through persons commissioned by the probation offices.

Interview by a Probation Officer

2.

Intake Interviews and Treatment Plans

Individuals placed on probation or parole are required to report immediately to the probation officethat has territorial jurisdiction over his or her place of residence. At the office, an intake interview will be
conducted, and the probation officer will explain the framework of supervision, notify him or her of theconditions of probation, register his or her residence, and draw up an individualized treatment plan.
3.

Role of Probation Officers and Volunteer Probation Officers

Japanese probation officers are usually responsible for one or several local administration divisions,and they supervise all the cases within that division. In order to supplement their work, a volunteer
probation officer [in this chapter, hereinafter VPO] will be assigned to serve as a day-to-day supervisor forthe probationer or parolee. In many cases, the VPO lives nearby the probationer or parolee, which makes
regular contact much easier.
After receiving the treatment plan and other relevant information, the VPO starts supervising theprobationer or parolee. The VPO keeps in touch with the probationer or parolee and his or her family bymeans of mutual visits and interviews and submits a monthly progress report to the probation office.
While VPOs are entrusted with day-to-day supervision of ordinary cases, probation officers need todirectly intervene in cases of high-risk or difficult individuals or in critical situations.
4.

Day Offices

Probation officers regularly visit such venues as the municipal offices, public halls, or youth centres
located in their respective areas of responsibility. These visits are called “Day Offices.” Probation officers
interview probationers and parolees, visit their homes, counsel their families, and consult with VPOs andother related parties such as school teachers, employers, and community agencies, using “Day Offices” astheir base. This practice facilitates direct casework by probation officers and provides VPOs with closer
supervision and consultation.
5.

Progressive Treatment

Probationers and parolees are classified into four grades in accordance with the results of their initialrisk and needs assessments. The grade determines the required frequency of contact and the criteria for themeasures against the bad conduct. Probationers and parolees are upgraded or downgraded depending upon
the outcome of treatment.

− 45 −

6.

Categorized Treatment

Categorized Treatment is a system designed to effectively treat probationers and parolees basedon their particular problems. Treatment manuals are prepared for each category, and are taken into
consideration in setting up treatment plans for individual probationers and parolees. Currently, there are
13 categories: Thinner-sniffing Offenders; Stimulant Drug Abusers; Offenders with Drinking Problems;
Gang Members; Hot-rodders; Sex Offenders; Mentally Disordered Offenders; Unemployed Offenders;
Elderly Offenders; Junior High School Students; In-school Violence Offenders; Family Violence Offenders(including violence to partners and children); and Offenders with Gambling Addiction.
7.

Treatment Programmes as Special Probation Conditions

Systematic treatment programmes designed to address specific criminal tendencies and designatedby the Minister of Justice as such may be included as a special probation condition for probationers andparolees.
Currently, there are three designated treatment programmes: the Sex Offender Treatment Programme;
the Stimulant Drug Offender Treatment Programme; and the Violence Prevention Programme. As they
form part of the special probation conditions, a failure to participate can lead to adverse actions.
These programmes are based on cognitive-behavioural theory, and they consist of one introductory
session and five core sessions. By participating in these programmes, probationers and parolees are expected
to understand their biases in thinking, to recognize the situations in which they are likely to commit theoffence, and to develop skills to cope in such situations. Notably, the Stimulant Drug Offender Treatment
Programme includes compulsory drug testing (either urinalysis or a saliva test), and if the result is positive,
it will be reported to the police unless the probationer or parolee voluntarily turns himself or herself in to
the police.
The programmes for drug offenders and violent offenders are tailored for individual delivery, while
the sex offenders programme can be delivered either individually or in group sessions.
8.

Short -Term Programmes for Juvenile Probationers

Upon recommendation by the Family Court, juvenile probationers with relatively weak criminal
tendencies may be placed on programmes called “Short-Term Traffic Probation” or “Short-Term Juvenile
Probation.” While the duration of probation is legally no different from ordinary juvenile probation, these
programmes operate on the assumption that probation will be terminated early if the juveniles fulfill certain
requirements.
Short-Term Traffic Probation requires juvenile probationers to attend group sessions such as lectures anddiscussions, and to submit monthly reports on their daily lives. Those who have satisfied these requirements
are ordinarily discharged from probation after three to four months. Juveniles placed on Short-Term
Juvenile probation are required to submit monthly reports and to complete certain tasks assigned by theprobation officer. These tasks are determined on an individual basis, and they may include community
service, volunteer work at social welfare institutions such as special nursing homes for the elderly, or
participation in various cultural, labour, or recreational programmes organized by rehabilitation volunteers.
These activities are collectively called “community participation programmes,” and juvenile probationers
and parolees not enrolled in Short-Term Programmes may also participate on a voluntary basis.
9.

Comprehensive Job Assistance Scheme

Secure employment is essential to social reintegration and rehabilitation of offenders and juvenile
delinquents. To improve their employability and provide job placement assistance more effectively, theMinistry of Justice and the Ministry of Health, Welfare and Labor recently agreed to strengthen their co-− 46 −

ordination in the provision of services. For example, Public Employment Security Offices will provide
support in preparing for employment while the offender is still in prison. To ease the anxieties of potential
employers, trial employment programmes and employer fidelity bonds schemes are provided as well.
In 2009, of the 6,371 probationers and parolees who enrolled in the job assistance scheme, 2,089
secured employment through it.
10.

National Centre for Offenders Rehabilitation ProjectSome prison inmates and juveniles in juvenile training schools, despite their willingness to change
and the progress they have made while in a correctional institution, may still not be eligible for parole forlack of an appropriate place to return to. They may have no family, friends, or employers willing to accept
them, and may also be rejected by Offenders Rehabilitation Facilities (halfway houses) operated by theprivate sector. National Centres for Offenders Rehabilitation have been established to provide temporary
accommodation, coupled with intensive supervision and job placement assistance by probation officers, forsuch offenders and juveniles. These Centres create opportunities for early release on parole, and ensure thatthese offenders and juveniles are not released into community without appropriate probationary supervisionand support. As of 2010, four such Centres are in operation, and their total capacity is for 58 parolees.

Numata-cho National Centre
for Offenders Job Training and Employment Support

E.

Termination of Probation and Parole

Depending on the performance of the probationer or parolee, probation or parole may be terminatedearly (see page 42-43 for the regular period of each type of probation and parole), or in “failure cases,”
adverse actions such as parole revocations may be taken.
1.

Measures for Good Conduct

Juvenile probationers are discharged early when the director of the probation office finds it no longer
necessary to continue the probation. For juvenile parolees, the decision on early discharge is made by
Regional Probation Boards upon proposal by the director of the probation office.
Probation for adult parolees runs for the remaining term of the sentence, and there is no early
discharge from probation.23 This means that offenders paroled from life imprisonment will be on probation
for life, which can be terminated only through pardon. As for adult probationers, the period of probation

23. Offenders paroled from indeterminate prison sentences may be discharged early from probation. However, in Japan, indeterminate sentencing
is applicable only to juveniles, and its use is limited.

− 47 −

corresponds to that of the suspension of execution of sentence as specified by the sentencing court, andcannot be shortened. However, the Regional Parole Board, upon proposal from the director of the probation
office, may provisionally cancel the probation, in which case, the probationer will be treated as if not underprobation.
2.

Measures against Bad Conduct

When a juvenile probationer does not comply with the conditions of probation, the director of theprobation office may issue warnings. If the juvenile still does not comply and the degree of non-complianceis serious, the director may apply to the Family Court for a decision to commit the juvenile to a juvenile
training school.
In the case of juvenile parolees who do not comply with the conditions, the Regional Parole Board,
upon proposal from the director of the probation office, may apply to the Family Court for a decision torecommit the parolee to a juvenile training school.
If an adult parolee does not observe parole conditions, the Regional Parole Board, upon proposal
from the director of the probation office, may revoke parole. When parole is revoked, the parolee is confinedin the correctional institution for the whole length of his or her parole period.
When an adult probationer does not comply with the conditions and the circumstances of noncompliance are serious, the director of the probation office shall submit a proposal in writing to the publicprosecutor, who will then apply to the court for a decision to revoke the suspension of the execution of thesentence.
F.

Outcome of Probation and Parole

The number of probation and parole cases terminated in 2009 is shown in Table 2 below. The
number of successfully completed cases (i.e. the probation or parole period passed without any adverse
action being taken, or probation or parole was terminated early for good conduct) and the number of cases
in which reoffending took place are included as well. The figures do not add up to 100% because some of
the cases of reoffending, especially cases of minor offences, did not result in adverse actions being taken.
The five year recidivism rate for offenders placed on probation or parole in 2004 (i.e. the rate of those who
reoffended by the end of 2009) is shown in Table 3.
Table 2. Probation and Parole Cases terminated in 2009
Juvenile
Probation*

Juvenile
Parole

Adult
ParoleAdult
Probation

Total

17,104

4,060

15,634

4,576

Successfullycompleted

14,387(84.1%)

3,377(83.2%)

14,645(95.3%)

3,320(70.4%)

Cases ofreoffending

3,194(18.7%)

878(21.6%)

91(0.6%)

1,340(29.3%)

2009* Excluding special Short-Term Programmes for juvenile traffic offenders.
Table 3. Five year Recidivism Rate 2004-2009
2004-2009

Juvenile
Probationers

Juvenile
Parolees

Adult
Parolees

Adult
Probationers

Recidivism rate

17.0%

23.1%

6.2%

31.4%

− 48 −II.

AFTERCARE OF DISCHARGED OFFENDERS

Offenders released from custody but not subject to probation or parole may still need some formof aftercare support from the government. Examples of such offenders include (i) inmates released after
serving the full term of their prison sentences; (ii) defendants who received “suspension of execution ofsentence without probation” (see page 31); and (iii) suspects released by prosecutors with “suspension ofprosecution” (see page 22).
The Offenders Rehabilitation Act authorizes the director of a probation office to provide “urgent
aftercare” to such discharged offenders, either directly or by commissioning appropriate persons to do so,when applied for by eligible offenders, to the extent necessary for their improvement and rehabilitation.
Aftercare services that may be provided include medical care, meals, accommodation, clothing, educationand training, travel expenses, vocational guidance, and referral to Public Employment Security Offices or
Public Welfare Offices. The maximum period of aftercare is six months in principle but may be extended
for up to another six months.
III.

PARDONS

Pardon is an action of the executive branch that officially nullifies punishment or other legal
consequences of a crime. Though not a measure for offender treatment in itself, pardon can function as a
stimulus and encouragement for behavioural change. It is particularly significant for offenders released onparole from life sentences, for they will be placed on probation for life unless the underlying sentence isremitted by a pardon.
The authority to grant pardons to specific individuals belongs to the Cabinet. Upon recommendationby the National Offenders Rehabilitation Commission, the Minister of Justice asks for a Cabinet decision
granting a pardon, which is then attested by the Emperor.

IV.

MEASURES FOR CRIME VICTIMSIn 2007, rehabilitation services launched four measures for crime victims in relation to offenders’rehabilitation. The four measures are (i) victim input into the parole process (victims may express theiropinion regarding parole); (ii) communication of victims’ sentiments (victims may ask the probation officer
to convey their sentiments to probationers and parolees); (iii) victim notification (certain information aboutprobation and parole is notified to victims); and (iv) counselling and support.
As of 2010, 66 probation officers and 108 VPOs are assigned to work exclusively on victim support
measures.
V.

MEDICAL HEALTH SUPERVISION

The Act on Medical Care and Treatment for Persons Who Have Caused Serious Cases under theCondition of Insanity provides for medical care and treatment of individuals who committed acts thatwould constitute offences such as murder, rape, robbery, arson, or injury (or attempts thereof) but who, forreasons of insanity or diminished capacity, were acquitted, received a reduced sentence with suspension of
its execution, or were not prosecuted. Under the act, the court may commit such persons to a designatedmedical facility or order them to receive outpatient treatment at same.
Persons ordered to undergo outpatient treatment are placed under medical health supervision
by a probation office. The purpose of the supervision is to ensure that the person continues to receivenecessary medical treatment. Other responsibilities of the probation office include co-ordination of social
circumstances and co-ordination of various institutions and organizations involved in the care and treatmentof the person. These responsibilities are undertaken by rehabilitation co-ordinators (see page 9), and not byordinary probation officers.

− 49 −

VI.

CRIME PREVENTION ACTIVITIES

Various efforts are undertaken by the rehabilitation authorities to: (i) raise public awareness of theimportance of offender rehabilitation; (ii) improve social environments; and (iii) engage communities in
the prevention of crime. As part of such efforts, an annual crime prevention campaign, called “Movement
Toward a Brighter Society,” is organized under the leadership of the Ministry of Justice. The campaign iscarried out through the year, but in the campaign month of July, an extensive public relations programmeis launched to advocate “the power of the community that prevents crimes and juvenile delinquency andhelps offenders’ rehabilitation,” which is also is the subtitle of the campaign.

Campaign for Junior High School Students− 50 −

APPENDICESAppendix 1 N umber of known cases, crime rate, number of cleared cases, clearance rate, and number ofoffenders cleared of Penal Code offences (1946-2009)
Known cases
Year

Penal Codeoffences

Crime rate

Non-traffic
Penal Codeoffences

Penal Codeoffences

Cleared cases

Non-traffic
Penal Codeoffences

Penal Codeoffences

Clearance rate

Non-traffic
Penal Codeoffences

Penal Codeoffences

Non-traffic
Penal Codeoffences

1946
1947
1948
1949
1950

1,387,080
1,386,020
1,603,265
1,603,048
1,469,662

1,384,222
1,382,210
1,599,968
1,597,891
1,461,044

1,831
1,775
2,004
1,960
1,766

1,827
1,770
2,000
1,954
1,756

803,264
697,585
811,907925,996
999,709

800,431
693,845808,619
920,855
991,107

57.9
50.3
50.6
57.8
68.0

57.8
50.2
50.5
57.6
67.8

1951
1952
1953
1954
1955
1956
1957
1958
1959
1960

1,399,184
1,395,197
1,344,482
1,360,405
1,478,202
1,410,441
1,426,029
1,440,259
1,483,258
1,495,888

1,387,289
1,377,273
1,317,141
1,324,333
1,435,652
1,354,102
1,354,429
1,353,930
1,382,792
1,378,817

1,655
1,626
1,546
1,542
1,656
1,564
1,568
1,569
1,601
1,601

1,641
1,605
1,514
1,501
1,608
1,502
1,490
1,475
1,493
1,476

974,330
949,754954,261
952,797
1,011,086
898,852
909,603
904,966
925,878
958,629

962,455
931,863927,012916,804
968,626
842,659
838,210
818,715825,511
841,718

69.6
68.1
71.0
70.0
68.4
63.7
63.8
62.8
62.4
64.1

69.4
67.7
70.4
69.2
67.5
62.2
61.9
60.5
59.7
61.0

1961
1962
1963
1964
1965
1966
1967
1968
1969
1970

1,530,464
1,522,480
1,557,803
1,609,741
1,602,430
1,590,681
1,603,471
1,742,479
1,848,740
1,932,401

1,400,915
1,384,784
1,377,476
1,385,358
1,343,625
1,293,877
1,219,840
1,234,198
1,253,950
1,279,787

1,623
1,600
1,620
1,656
1,631
1,606
1,600
1,720
1,803
1,863

1,486
1,455
1,433
1,426
1,367
1,306
1,217
1,218
1,223
1,234

1,019,963
1,022,512
1,045,417
1,107,374
1,069,617
1,051,608
1,077,103
1,205,371
1,269,193
1,362,692

892,547
885,465
868,207885,168
812,996756,230
692,913
697,407675,183
710,078

66.6
67.2
67.1
68.8
66.7
66.1
67.2
69.2
68.7
70.5

63.7
63.9
63.0
63.9
60.5
58.4
56.8
56.5
53.8
55.5

1971
1972
1973
1974
1975
1976
1977
1978
1979
1980

1,875,383
1,818,088
1,728,741
1,671,965
1,673,755
1,691,247
1,705,034
1,776,843
1,738,452
1,812,798

1,244,168
1,223,546
1,190,549
1,211,005
1,234,307
1,247,631
1,268,430
1,336,922
1,289,405
1,357,461

1,784
1,690
1,584
1,512
1,495
1,495
1,493
1,543
1,497
1,549

1,183
1,137
1,091
1,095
1,103
1,103
1,111
1,161
1,110
1,160

1,321,242
1,294,920
1,226,520
1,157,495
1,152,479
1,186,664
1,160,113
1,219,618
1,214,992
1,266,526

690,027
700,378
688,328
696,535
713,031743,048
723,509779,697
765,945
811,189

70.5
71.2
70.9
69.2
68.9
70.2
68.0
68.6
69.9
69.9

55.5
57.2
57.8
57.5
57.8
59.6
57.0
58.3
59.4
59.8

1981
1982
1983
1984
1985
1986
1987
1988
1989
1990

1,925,836
2,005,319
2,039,209
2,080,323
2,121,444
2,124,272
2,132,617
2,207,380
2,261,076
2,217,559

1,463,228
1,528,779
1,540,717
1,588,693
1,607,697
1,581,411
1,577,954
1,641,310
1,673,268
1,636,628

1,633
1,689
1,706
1,729
1,753
1,746
1,745
1,798
1,835
1,794

1,241
1,288
1,289
1,321
1,328
1,300
1,291
1,337
1,358
1,324

1,333,121
1,392,598
1,427,813
1,494,553
1,546,626
1,533,511
1,566,739
1,548,235
1,360,128
1,273,524

870,513916,058
929,3211,002,923
1,032,879
990,650
1,012,076
982,165
772,320
692,593

69.2
69.4
70.0
71.8
72.9
72.2
73.5
70.1
60.2
57.4

59.5
59.9
60.3
63.1
64.2
62.6
64.1
59.8
46.2
42.3

1991
1992
1993
1994
1995
1996
1997
1998
1999
2000

2,284,401
2,355,504
2,437,252
2,426,694
2,435,983
2,465,503
2,518,074
2,690,267
2,904,051
3,256,109

1,707,877
1,742,366
1,801,150
1,784,432
1,782,944
1,812,119
1,899,564
2,033,546
2,165,626
2,443,470

1,841
1,891
1,951
1,937
1,940
1,959
1,996
2,127
2,293
2,565

1,376
1,399
1,442
1,425
1,420
1,440
1,506
1,608
1,710
1,925

1,231,062
1,249,428
1,359,712
1,410,106
1,406,213
1,389,265
1,378,119
1,429,003
1,469,709
1,389,410

654,538
636,290723,610
767,844753,174
735,881759,609772,282
731,284
576,771

53.9
53.0
55.8
58.1
57.7
56.3
54.7
53.1
50.6
42.7

38.3
36.5
40.2
43.0
42.2
40.6
40.0
38.0
33.8
23.6

2001
2002
2003
2004
2005
2006
2007
2008
2009

3,581,521
3,693,928
3,646,253
3,427,606
3,125,216
2,877,027
2,690,883
2,533,351
2,399,702

2,735,612
2,854,061
2,790,444
2,563,037
2,269,572
2,051,229
1,909,270
1,818,374
1,703,369

2,813
2,898
2,855
2,682
2,446
2,252
2,106
1,984
1,882

2,149
2,239
2,185
2,006
1,776
1,605
1,494
1,424
1,336

1,388,024
1,432,548
1,504,436
1,532,459
1,505,426
1,466,834
1,387,405
1,288,720
1,241,357

542,115592,681648,627
667,890649,782
641,036
605,792
573,743545,024

38.8
38.8
41.3
44.7
48.2
51.0
51.6
50.9
51.7

19.8
20.8
23.2
26.1
28.6
31.3
31.7
31.6
32.0

Note:

1. Until 1955, illegal behaviour by persons under 14 years of age is included.
2. Until 1965, non-traffic Penal Code offences mean “Penal Code offences excluding negligence in the pursuit of social activities.”
3. “Rate per population” means the number of persons cleared per 100,000 capita of population aged 14 or over, by sex.
Source: 	Criminal Statistics by National Police Agency, and population data by the Statistics Bureau, Ministry of Internal Affairs andCommunications.

− 52 −

Year

Number of offenders cleared
Non-traffic Penal Code offences
Male

Penal Codeoffences

NumberRate perpopulation

FemaleNumberRate perpopulation

Female rate

Total
population(thousand)

1946
1947
1948
1949
1950

445,484
459,339
550,540
585,328
616,723

442,579
455,097546,991
579,897
607,769

408,760
419,348
502,122526,292
553,491

1,776.6
1,673.2
1,957.3
2,006.9
2,066.2

33,81935,74944,86953,60554,278

127.3
131.4
161.6
189.6
188.5

7.6
7.9
8.2
9.2
8.9

75,75078,10180,002
81,773
83,200

1951
1952
1953
1954
1955
1956
1957
1958
1959
1960

619,035
575,852
547,550
539,789
558,857
527,950
544,557
545,272
557,073
561,464

606,686
557,521519,707503,063
515,480
470,522471,600
457,212454,898
442,527555,390510,603
476,198
461,989475,813438,532
439,750425,217422,962
408,592

2,031.7
1,829.1
1,675.8
1,588.7
1,603.2
1,443.7
1,418.3
1,342.1
1,314.3
1,264.5

51,296
46,91843,50941,074
39,66731,99031,85031,99531,93633,935

174.7
156.7
142.9
132.0
124.9
98.5
96.2
94.7
93.1
98.2

8.5
8.4
8.4
8.2
7.7
6.8
6.8
7.0
7.0
7.7

84,54185,80886,981
88,23989,27690,172
90,92891,767
92,641
93,419

1961
1962
1963
1964
1965
1966
1967
1968
1969
1970

581,314569,866
606,649
678,522
706,827740,055
802,578
923,491
999,981
1,073,470

451,586
430,153
425,473449,842
440,563433,545
402,738
393,831377,826
380,850

414,875
388,152
377,319
398,659
390,839
387,074
358,596348,258
332,769
333,3441,251.1
1,139.6
1,078.5
1,113.7
1,071.6
1,043.0
951.4
911.7
859.3
853.7

36,71142,001
48,154
51,18349,724
46,47144,14245,57345,05747,506

103.7
115.7
129.4
134.6
128.5
118.1
110.5
112.6
109.9
114.6

8.1
9.8
11.3
11.4
11.3
10.7
11.0
11.6
11.9
12.5

94,287
95,181
96,156
97,182
98,27599,036100,196
101,331102,536
103,720

1971
1972
1973
1974
1975
1976
1977
1978
1979
1980

1,026,299
976,706
931,329852,372
830,176
830,717822,319
843,538
840,333
869,844

361,972
348,788
357,738
363,309364,117359,360
363,144381,742
368,126
392,113313,738
301,380
306,605
305,048
302,685
292,084
294,225
308,756
298,691
317,888

795.7
750.6
755.0
742.9
722.1
689.1
686.5
712.2
680.3
719.5

48,23447,40851,13358,261
61,432
67,276
68,91972,98669,43574,225

115.0
110.8
118.2
133.2
138.6
150.2
152.2
159.4
149.8
158.8

13.3
13.6
14.3
16.0
16.9
18.7
19.0
19.1
18.9
18.9

105,145
107,595
109,104
110,573
111,940
113,094
114,165
115,190
116,155
117,060

1981
1982
1983
1984
1985
1986
1987
1988
1989
1990

904,643944,051
963,544
961,363
970,369
967,997
983,931
988,784
934,194
899,650

418,162441,963438,705
446,617432,250
399,886
404,762398,208
312,992
293,264

339,216
362,138
355,505
364,833
353,265
322,030
326,700
315,568
246,487
233,070

757.3
798.2
773.5
783.8
749.3
673.5
674.1
642.7
496.2
467.1

78,946
79,82583,20081,78478,98577,85678,06282,64066,50560,194

166.8
166.6
171.5
166.5
158.6
154.3
152.7
159.7
127.1
114.1

18.9
18.1
19.0
18.3
18.3
19.5
19.3
20.8
21.2
20.5

117,902
118,728
119,536
120,305
121,049
121,660
122,239
122,745
123,205
123,611

1991
1992
1993
1994
1995
1996
1997
1998
1999
2000

899,023
922,953
958,475
974,158
970,179
979,275
957,460
1,006,804
1,080,107
1,160,142

296,158
284,908
297,725
307,965
293,252
295,584
313,573324,263
315,355
309,649

239,093
232,878
243,445
250,070
234,471
234,918
243,192
251,540
250,433
246,271

472.8
456.5
473.8
483.9
450.7
448.5
461.8
475.3
471.6
462.8

57,06552,03054,28057,89558,781
60,66670,38172,72364,922
63,378

107.0
96.7
100.2
106.2
107.0
109.7
126.5
129.9
115.4
112.4

19.3
18.3
18.2
18.8
20.0
20.5
22.4
22.4
20.6
20.5

124,101
124,567
124,938
125,265
125,570
125,859
126,157
126,472
126,667
126,926

2001
2002
2003
2004
2005
2006
2007
2008
2009

1,195,897
1,219,564
1,269,785
1,289,416
1,278,479
1,241,358
1,184,336
1,081,955
1,051,838

325,292
347,880
379,910389,297
387,234
384,630
366,002
340,100
333,205

256,869
273,289
300,309305,165
303,059
302,914
286,432
266,976
262,971

479.5
509.4
558.4
566.8
564.3
560.8
529.9
493.8
486.7

68,42374,59179,601
84,132
84,17581,716
79,57073,124
70,234

120.5
130.9
139.2
146.7
147.0
142.0
138.1
126.8
121.8

21.0
21.4
21.0
21.6
21.7
21.2
21.7
21.5
21.1

127,316
127,486
127,694
127,787
127,768
127,770
127,771
127,692
127,510− 53 −

Appendix 2 N umber of known cases, number of cleared cases, and number of offenders cleared of Penal
Code offences, by type of major offence (1998-2009)
InjuryAssault

Intimidation

Extortion

Unlawful
Assemblywith
Weapons

109
128
137
171
154
203
201
159
137
136
104
110

19,476
20,23330,18433,96536,32436,56835,93734,48433,98730,98628,291
26,464

7,367
7,792
13,225
16,92819,442
21,937
23,69125,81531,002
31,966
31,641
29,638

971
995
2,047
2,300
2,374
2,625
2,537
2,479
2,658
2,553
2,651
2,348

13,90014,76818,926
19,566
18,403
17,595
14,424
10,978
8,636
7,384
6,349
5,530

37
34
36
42
30
34
27
16
20
19
16
15

1,789,049
1,910,393
2,131,164
2,340,511
2,377,488
2,235,844
1,981,574
1,725,072
1,534,528
1,429,956
1,372,840
1,299,294

1,163
1,271
1,333
1,453
1,521
1,728
1,501
1,342
1,159
1,050
982
1,028

88
102
91
106
98
100
156
104
95
104
95
102

15,892
15,644
21,731
22,54423,45323,65922,93823,30423,33122,062
20,18019,388

5,035
4,751
7,195
7,852
8,348
9,539
10,666
13,703
19,405
21,46321,925
21,238

910
869
1,524
1,590
1,572
1,567
1,581
1,638
1,812
1,869
1,953
1,781

7,765
7,191
8,725
7,895
7,022
7,502
5,915
5,376
4,841
4,242
3,701
3,297

36
33
36
43
30
29
28
16
20
20
13
15

597,283
561,148407,246
367,643
403,872
433,918
447,950
429,038
416,281395,243
379,839
361,969

1,957
2,224
2,215
2,539
2,391
2,710
2,269
2,128
1,684
1,446
1,470
1,428

50
73
89
72
67
78
91
75
72
59
64
63

22,795
21,952
29,35929,58429,862
28,99927,06927,13027,07525,45823,164
22,253

5,885
5,505
8,119
8,636
9,132
10,124
11,002
13,97019,80221,80822,37921,376

961
896
1,458
1,525
1,527
1,457
1,388
1,522
1,693
1,684
1,824
1,562

9,921
9,341
11,261
10,186
8,811
8,531
7,063
6,439
5,780
5,054
4,474
3,961

193
180
222
497
283
419
279
95
155
159
83
73

181,329
172,147
162,610
168,919
180,725
191,403
195,151
194,119
187,654
180,446
174,738
175,823

Total of Penal
Code offences

MurderRobbery

Robbery
Causing
Death

Robbery
Causing
InjuryRape atthe Sceneof aRobbery

Known
cases
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009

2,690,267
2,904,051
3,256,109
3,581,521
3,693,928
3,646,253
3,427,606
3,125,216
2,877,027
2,690,883
2,533,351
2,399,702

1,388
1,265
1,391
1,340
1,396
1,452
1,419
1,392
1,309
1,199
1,297
1,094

3,426
4,237
5,173
6,393
6,984
7,664
7,295
5,988
5,108
4,567
4,278
4,512

78
73
71
96
93
78
89
66
52
44
44
55

1,411
1,815
2,280
2,755
3,038
3,119
2,958
2,351
2,018
1,752
1,649
1,564

Cleared
cases
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009

1,429,003
1,469,709
1,389,410
1,388,024
1,432,548
1,504,436
1,532,459
1,505,426
1,466,834
1,387,405
1,288,720
1,241,357

1,356
1,219
1,322
1,261
1,336
1,366
1,342
1,345
1,267
1,157
1,237
1,074

2,614
2,813
2,941
3,115
3,566
3,855
3,666
3,269
3,061
2,790
2,612
2,923

73
55
56
74
83
67
83
57
52
37
42
45

Offenderscleared
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009

1,006,804
1,080,107
1,160,142
1,195,897
1,219,564
1,269,785
1,289,416
1,278,479
1,241,358
1,184,336
1,081,955
1,051,838

1,365
1,313
1,416
1,334
1,405
1,456
1,391
1,338
1,241
1,161
1,211
1,036

3,379
3,762
3,797
4,096
4,151
4,698
4,154
3,844
3,335
2,985
2,813
3,069

118
96
109
114
141
90
120
90
83
65
74
97

Note:

Source:Theft

1. “Offences relating to payment cards” refers to Crimes related to Electromagnetic Records of Payment Cards provided in Part II,
Chapter XVIII-II of the Penal Code.
2. “Offences relating to payment cards” has been included in data since 2002.
3. Figures for “buying or selling of human beings” for “Kidnapping/buying or selling of human beings” are counted from 2005.
Criminal Statistics by the National Police Agency.

− 54 −

FraudEmbezzle- Embezzlement of
ment
Lost
Property

Breachof
Trust

Acceptanceof Stolen
Property

Rape

Forcible
PublicIndecency Indecency

Distributionof Obscene
Objects

Driving
Dangerous Vehicle
Causing
Causing Death
Driving or Injury through Vehicle Driving Death or
Causing
Negligence/
Causing
InjuryDeath orDeath or Negligence in thethroughPursuit of Social Injury throughInjuryNegligence
Negligence, etc.
Activities

Known
cases
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009

48,279 65,380
43,431 68,864
44,384 57,403
43,104 65,770
49,482 73,933
60,298 92,346
83,015 104,412
85,596 97,867
74,632 95,844
67,787 85,606
64,427 70,364
45,162 65,176

64,02567,63555,85063,77571,782
90,163
101,869
95,52093,436
83,44968,171
63,213

32
31
41
66
56
40
41
34
61
45
41
29

1,382
1,502
1,731
2,388
2,987
4,519
5,547
5,403
5,134
4,582
3,866
3,607

1,873
1,857
2,260
2,228
2,357
2,472
2,176
2,076
1,948
1,766
1,582
1,402

4,251
5,346
7,412
9,326
9,476
10,029
9,184
8,751
8,326
7,664
7,111
6,688

1,250
1,212
1,554
1,771
2,052
2,422
2,391
2,420
2,602
2,286
2,361
2,357

670
597
557
454
392
375
522
693
795
810
816
797

−
−
−
−
322
308
270
279
379
434
352
325

657,099
738,764
813,120
846,455
840,453
856,435
865,212856,298
826,447
782,192
715,521696,832

656,721738,425
812,639
845,909839,867
855,809864,569
855,644825,798
781,613714,977
696,333

50
60
112
135
172
213
208
235
226
219
192
173

Cleared
cases
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009

44,40538,34035,25530,01731,54730,364
26,617
29,38430,127
27,96330,27728,75365,02568,49556,50064,27871,74388,962
97,362
92,35090,557
81,24965,92061,757

63,78367,38355,271
62,77370,24087,587
95,84590,89789,012
79,89164,43560,433

32
31
36
58
51
33
25
27
37
48
31
23

1,373
1,495
1,725
2,372
2,967
4,457
5,310
5,198
4,866
4,424
3,621
3,397

1,652
1,369
1,540
1,404
1,468
1,569
1,403
1,443
1,460
1,394
1,326
1,163

3,498
3,388
3,602
3,887
3,367
3,893
3,656
3,797
3,779
3,542
3,555
3,563

1,217
1,163
1,377
1,438
1,573
1,706
1,669
1,741
1,999
1,718
1,782
1,810

669
596
552
451
393
364
502
671
770
787
787
768

−
−
−
−
322
308
270
279
379
434
352
325

657,079
738,725
813,049
846,367
840,364
856,287
865,066
856,157
826,310782,083
715,428
696,722656,721738,425
812,639
845,909839,867
855,809864,569
855,644825,798
781,613714,977
696,333

42
52
85
91
117
138
131
166
144
156
128
118

Offenderscleared
1998
8,651
8,178
1999
2000
8,492
2001
8,495
2002
9,507
2003 10,194
2004 11,238
2005 11,648
2006 12,406
2007 12,113
2008 12,036
2009 12,542

67,56970,812
58,10965,69573,46790,446
97,29392,417
90,696
81,29665,39660,992

66,68770,05357,13864,62872,28389,35896,08391,30689,44480,19264,25659,919

51
65
59
88
85
52
27
31
54
36
30
25

1,373
1,486
1,688
2,322
2,916
4,345
4,935
4,889
4,495
4,230
3,404
3,172

1,512
1,392
1,486
1,277
1,355
1,342
1,107
1,074
1,058
1,013
951
918

1,890
1,926
2,286
2,236
2,130
2,273
2,225
2,286
2,254
2,240
2,219
2,129

1,096
1,102
1,179
1,261
1,371
1,456
1,451
1,502
1,715
1,618
1,613
1,626

881
755
742
592
483
432
590
814
913
892
857
820

−
−
−
−
322
308
270
279
380
425
349
317

683,035
765,167
851,104
871,279
872,395
890,589
900,805
891,958
857,464
818,996
742,490
719,182

682,541
764,752
850,493
870,605
871,684
889,875
900,119
891,245856,728
818,334
741,855
718,633

38
53
102
88
115
134
126
143
129
140
114
116

− 55 −

ArsonFire Caused Giving andthrough Acceptance
Negligence of Bribes

Kidnapping/
Buyingor Sellingof HumanBeingsObstructing
Performanceof Public
Duty

Breaking
into aResidence

Damage toCounterfeiting Counterfeiting
Propertyof Currency

Counterfeitingof Documents,
Counterfeitingof Securities,
Offences relating
to Payment Cards

Gambling
andLotteries

PhysicalViolence
Act(Article 2,3)

Known
cases
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009

1,566
1,728
1,743
2,006
1,830
2,070
2,174
1,904
1,759
1,519
1,424
1,306

229
211
325
429
329
300
323
339
284
217
273
241

145
97
100
158
164
114
100
102
143
55
74
46

221
249
302
237
251
284
320
277
199
207
155
156

1,395
1,531
2,082
2,354
2,621
3,007
3,129
3,327
3,576
3,569
3,239
3,071

13,308
14,54920,976
26,68633,87240,34837,85734,51831,03027,38324,80723,86346,00953,552
87,943145,936
196,018
230,743
226,059
205,312
194,824
185,472
178,191
169,292

9,458
8,737
9,091
7,671
10,883
12,103
13,547
9,410
7,010
5,941
6,503
5,790

373
467
1,498
1,645
4,783
5,793
7,675
3,765
1,479
1,410
1,203
1,948

9,033
8,252
7,558
5,980
6,032
6,269
5,829
5,585
5,456
4,486
5,258
3,797

515
293
278
291
300
208
249
221
210
424
271
352

95
103
107
111
132
156
230
199
156
112
91
173

Cleared
cases
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009

1,369
1,458
1,372
1,540
1,234
1,448
1,513
1,361
1,337
1,120
1,054
913

96
76
84
102
81
105
136
118
104
86
123
103

143
96
97
157
162
114
94
104
135
55
78
44

211
244
272
211
215
231
232
204
180
178
141
140

1,384
1,508
2,049
2,302
2,544
2,909
2,957
3,188
3,402
3,459
3,071
2,952

4,013
4,094
4,818
5,245
6,461
7,820
8,566
8,961
9,211
9,041
8,682
8,234

4,714
4,958
6,364
7,662
9,607
11,10012,332
12,884
13,816
13,617
13,12912,062

9,293
8,245
7,690
6,050
6,608
8,675
8,032
7,175
5,433
4,442
5,097
3,992

250
73
418
347
959
2,937
2,957
2,194
622
419
395
557

8,991
8,154
7,238
5,656
5,586
5,700
5,033
4,928
4,750
3,971
4,666
3,393

515
291
278
291
300
202
243
213
205
415
252
349

94
99
98
103
105
124
196
173
147
100
87
153

Offenderscleared
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009

693
750
789
783
815
866
867
791
825
764
659
631

69
54
65
84
84
77
86
96
92
76
82
67

226
169
163
223
252
151
113
217
168
98
120
71

141
164
180
179
173
151
187
176
167
152
129
101

1,492
1,569
1,997
2,057
2,194
2,508
2,705
2,868
3,118
3,181
2,945
2,698

2,679
2,868
3,445
3,856
4,214
5,361
5,993
6,107
6,209
5,901
5,881
5,547

2,850
2,861
4,062
4,222
4,931
5,331
5,522
6,362
6,551
6,575
6,480
6,160

1,474
1,388
1,631
1,634
2,112
2,124
2,236
2,033
1,847
1,898
1,810
1,710

23
31
45
53
91
127
152
209
74
68
87
80

1,427
1,344
1,562
1,558
1,996
1,973
2,052
1,793
1,742
1,805
1,703
1,602

3,372
2,327
1,905
2,080
1,928
1,725
1,422
1,771
1,380
1,529
1,359
1,388

140
160
181
148
147
199
291
240
224
137
103
237

− 56 −

Appendix 3 Average daily number of inmates of penal institutions (1950-2009)

Year

Total

Sentenced
inmates

Inmatessentenced
to death

Unsentenced
inmates

Defendants

Suspects

Workhousedetainees

Arrestee by
warrant

Provisional
Court-ordered
detainees underconfinement
protective
house detainees
detention

1950

103,170

85,25476

17,25915,295

1,963

581

−

−

−

1951
1952
1953
1954
1955

95,78486,19978,225
77,112
81,86880,743
72,34065,37763,93466,505

73
96
89
84
66

14,43813,29012,31912,471
14,58012,466
11,482
10,757
10,882
12,852

1,972
1,807
1,563
1,589
1,729

530
473
428
593
684

−
−
0
1
1

−
−
0
0
0

−
−
11
28
31

1956
1957
1958
1959
1960

82,87080,354
79,191
79,53475,821

68,901
67,17065,406
66,194
63,330

70
66
69
69
54

13,243
12,605
13,157
12,725
11,922

11,996
11,462
11,97911,561
10,886

1,247
1,142
1,178
1,163
1,036

626
483
525
507
470

1
2
2
1
1

0
0
0
−
0

28
29
32
38
44

1961
1962
1963
1964
1965

71,47567,75965,802
63,19063,51559,621
56,39954,89853,024
52,813

62
65
56
66
70

11,392
10,868
10,384
9,625
10,12910,397
9,967
9,477
8,811
9,321

995
900
907
814
808

361
390
435
443
471

1
3
1
2
2

0
0
0
−
0

38
33
28
29
29

1966
1967
1968
1969
1970

64,19960,83756,25752,73649,20953,73751,92848,09444,43840,917

78
83
76
76
73

9,910
8,444
7,787
7,968
8,010

9,154
7,727
7,209
7,428
7,490

756
717
578
540
520

445
355
277
234
189

2
3
2
1
2

0
0
0
2
3

28
23
21
17
15

1971
1972
1973
1974
1975

48,131
48,89447,65145,73145,69040,03940,50939,94938,59737,850

59
48
48
47
41

7,844
8,163
7,472
6,920
7,606

7,332
7,714
7,070
6,564
7,203

511
449
402
356
402

173
162
173
157
183

1
1
2
3
2

3
2
1
1
0

12
10
7
6
7

1976
1977
1978
1979
1980

46,93147,90349,88550,84650,59638,47039,22440,79742,04142,142

24
17
19
20
24

8,225
8,463
8,872
8,625
8,285

7,846
8,100
8,541
8,306
7,998

379
363
331
319
287

203
190
189
150
135

3
2
2
2
1

1
1
1
1
1

7
6
7
8
9

1981
1982
1983
1984
1985

51,39553,44954,32654,50855,26342,58044,21445,30445,03545,805

27
28
28
27
26

8,648
9,056
8,853
9,273
9,268

8,371
8,783
8,610
9,052
9,042

277
273
243
221
226

130
140
132
164
155

1
1
1
2
2

0
0
0
0
0

9
8
7
7
7

1986
1987
1988
1989
1990

55,34855,21054,344
51,82948,243

46,10746,07745,90944,247
41,141

25
27
33
38
43

9,059
8,945
8,236
7,410
6,952

8,869
8,771
8,098
7,284
6,836

190
174
138
126
116

148
150
155
125
99

2
5
6
4
4

0
0
0
0
0

7
6
5
4
4

1991
1992
1993
1994
1995

45,74944,87645,05745,573
46,53538,65737,522
37,20937,31838,013

49
54
56
58
57

6,949
7,198
7,664
8,037
8,283

6,837
7,084
7,539
7,908
8,169

112
114
125
129
114

86
94
122
153
178

4
3
3
3
2

0
0
0
−
0

4
4
3
3
2

1996
1997
1998
1999
2000

48,39350,091
51,98653,94758,74739,521
40,97742,611
44,11047,683

53
52
52
53
53

8,636
8,859
9,060
9,469
10,637

8,501
8,713
8,928
9,339
10,525

135
146
132
130
112

177
198
259
311
366

2
2
2
2
3

0
0
0
0
0

3
2
2
2
4

2001
2002
2003
2004
2005

63,41567,35471,88975,28977,932

51,66855,13259,06962,64165,780

55
57
57
59
73

11,323
11,694
12,052
11,686
11,131

11,202
11,57911,942
11,59011,037

121
115
109
96
93

364
467
708
899
943

3
3
4
3
4

0
0
0
0
0

2
1
1
1
0

2006
2007
2008
2009

80,33580,68478,53376,019(100.0)69,301
70,62569,02066,776(87.8 )

86
102
103
100
(0.1 )

9,992
8,937
8,336
7,960
(10.5 )

9,908
8,860
8,257
7,868
(10.4 )

84
77
79
92
(0.1 )

947
1,013
1,068
1,176
(1.5 )

8
7
6
7(0.0 )

00
0
0(0.0 )

00
0
0(0.0 )

Note:
Source:1. “Average daily number of inmates” = Yearly total of the number of inmates at 0:00 every day / Number of days per year.
2. Figures in parentheses show the percent ratio.
Annual Report of Statistics on Adult Correction and Annual Report of Statistics on Correction.

− 57 −

Appendix 4 Frequency of imprisonment of newly admitted inmates, by type of offence (2009)
Offence

Total

Total

1st time

2nd time

3rd time

5th timeor more4th time

28,293

12,775

5,095

3,141

1,970

5,312

19,028

9,031

3,278

1,927

1,200

3,592

Homicide

415

348

26

10

10

21

Robbery

1,063

795

99

56

29

84

Injury

1,478

660

279

176

101

262

Assault

153

44

30

21

11

47

Intimidation

67

22

19

8

4

14

Theft

9,293

3,640

1,814

1,100

679

2,060

Fraud

2,518

1,279

383

199

142

515

Extortion

488

192

118

66

34

78

Embezzlement/Breach of trust

405

230

40

44

26

65

Rape

385

306

36

19

12

12

Forcible indecency

345

238

49

24

13

21

Dangerous driving causing death or
injury

61

44

2

6

4

5

Vehicle driving causing death or injury
through negligence/negligence in the
pursuit of social activities

346

277

30

14

6

19

Arson

198

151

23

6

6

12

Breaking into a residence

400

156

70

45

36

93

Penal Code Offences

Physical Violence Act
OthersSpecial Act Offences
Firearms and Swords Control Act

233

42

44

29

18

100

1,180

607

216

104

69

184

9,265

3,744

1,817

1,214

770

1,720

164

50

26

29

15

44

Anti-Prostitution Act

39

26

6

4

1

2

Stimulants Control Act

6,086

2,010

1,224

885

601

1,366

57

36

9

7

3

2

Road Traffic Act

1,563

856

314

155

66

172

Others

1,356

766

238

134

84

134

Narcotics and Psychotropics Control
Act

Note:
Source:“Embezzlement” includes embezzlement of lost property.
Annual Report of Statistics on Correction.

− 58 −

Appendix 5 Number of parole applications, grants, and rejections (1949-2009)Year

Prison parolees
Number of applications

Number of grants

Juvenile training school parolees
Number of rejections

Number of applications

Number of grants

Number of rejections

1949
1950

21,57060,15820,331
41,973

408
2,169

883
3,761

753
3,062

41
130

1951
1952
1953
1954
1955

53,41057,33336,70035,01935,021

40,57645,38333,84732,88232,886

2,185
2,384
2,043
1,843
1,539

7,337
10,909
8,084
7,734
7,911

5,792
9,753
7,713
7,350
7,407

117
139
275
211
212

1956
1957
1958
1959
1960

38,38438,71535,38935,20334,06035,07735,40032,507
31,69730,956

1,833
2,379
2,206
2,154
2,405

7,310
6,654
7,038
7,788
8,169

7,156
6,386
6,542
7,471
7,879

146
134
111
104
89

1961
1962
1963
1964
1965

31,15328,361
26,25524,72424,353

26,95524,45822,297
20,523
19,763

3,126
3,250
3,301
3,380
3,647

7,518
7,104
6,872
6,556
6,994

7,242
6,779
6,585
6,166
6,490

87
116
106
141
152

1966
1967
1968
1969
1970

24,03824,67923,32822,18721,002

19,51820,18019,832
19,40818,061

3,590
3,373
2,618
2,069
1,804

7,049
6,532
5,046
4,012
3,319

6,554
6,309
5,049
3,906
3,220

191
64
22
14
6

1971
1972
1973
1974
1975

20,696
20,17919,355
18,661
17,57817,657
16,75016,14515,75615,004

1,865
2,391
2,343
1,936
1,838

3,017
2,561
2,271
1,853
1,677

2,866
2,585
2,206
1,795
1,650

1
9
11
6
5

1976
1977
1978
1979
1980

17,73017,39817,53618,035
18,13814,812
14,66014,631
14,912
15,359

1,727
1,810
2,037
1,884
1,864

2,264
2,889
3,268
3,633
4,255

2,138
2,793
3,122
3,529
4,084

6
9
2
3
7

1981
1982
1983
1984
1985

17,44817,987
19,566
20,385
20,314

15,27015,59017,292
18,897
18,194

1,459
1,046
897
790
894

4,353
4,869
5,051
5,823
5,698

4,316
4,718
5,006
5,618
5,645

6
1
8
−
1

1986
1987
1988
1989
1990

20,138
19,621
18,42917,562
15,90818,27017,823
16,913
16,391
15,007

942
974
954
778
597

5,573
5,378
4,755
4,626
4,287

5,625
5,247
4,776
4,639
4,292

7
5
7
1
−

1991
1992
1993
1994
1995

14,60013,24913,454
13,414
13,072

13,90912,57812,643
12,786
12,451

388
406
284
298
331

4,039
4,500
4,121
3,950
3,763

4,086
4,399
4,105
3,934
3,807

1
−
−
−
−

1996
1997
1998
1999
2000

13,145
13,745
13,91014,17914,625

12,327
12,973
13,126
13,415
13,599

298
234
241
246
321

3,885
4,319
4,907
5,282
5,495

3,813
4,249
4,847
5,226
5,415

1
2
−
−
4

2001
2002
2003
2004
2005

16,027
17,173
17,452
18,665
17,916

14,716
15,886
16,021
17,26016,602

347
425
424
464
667

5,875
5,865
5,663
5,466
4,857

5,809
5,852
5,622
5,466
4,821

1
1
−
1
1

2006
2007
2008
2009

18,085
18,12817,403
16,557

16,552
16,092
16,291
15,030

701
819
734
679

4,752
4,327
3,919
3,999

4,730
4,307
3,963
3,913

2
5
7
4

Source:Annual Report of Statistics on Legal Affairs and Annual Report of Statistics on Rehabilitation.

− 59 −

Appendix 6 Number of newly received probationers and parolees (1949-2009)

Year

Total

Juvenile
probationers

Juveniles withshort-term traffic
disposition

Juveniles withshort-term
probation

Juvenile training
school parolees

Prison parolees

Offenders given
suspension of
execution ofsentence withprobationary
supervision

Parolees fromwomen’s
guidance home

1949
1950

36,221
59,7396,317
13,291

−
−

−
−

848
3,121

27,79943,106

1,257
221

−
−

1951
1952
1953
1954
1955

69,44677,99958,23759,206
61,26523,612
22,657
16,994
16,702
17,094

−
−
−
−
−

−
−
−
−
−

5,505
9,704
7,724
7,295
7,375

40,14745,46533,42732,82432,435

182
173
92
2,385
4,361

−
−
−
−
−

1956
1957
1958
1959
1960

65,893
68,69967,59270,361
71,72017,003
19,253
20,763
23,41024,408

−
−
−
−
−

−
−
−
−
−

7,161
6,427
6,481
7,256
7,797

34,82135,29032,046
31,23030,824

6,908
7,729
8,282
8,369
8,525

−
−
20
96
166

1961
1962
1963
1964
1965

65,31961,15859,31060,51362,25822,757
21,60722,56926,04428,173

−
−
−
−
−

−
−
−
−
−

7,206
6,598
6,456
6,143
6,301

26,70824,35622,043
20,432
19,430

8,562
8,556
8,216
7,883
8,350

86
41
26
11
4

1966
1967
1968
1969
1970

64,542
62,95060,64356,22855,32030,647
29,05528,54925,99927,383

−
−
−
−
−

−
−
−
−
−

6,423
6,240
5,016
3,895
3,167

18,953
19,871
19,534
19,171
17,861

8,513
7,779
7,542
7,161
6,908

6
5
2
2
1

1971
1972
1973
1974
1975

52,52550,09646,08844,31044,95825,40323,90020,686
19,942
21,384

−
−
−
−
−

−
−
−
−
−

2,888
2,540
2,188
1,812
1,593

17,45816,427
16,024
15,542
14,933

6,771
7,228
7,187
7,014
7,048

5
1
3
−
−

1976
1977
1978
1979
1980

48,791
58,77470,87476,226
83,652

23,98133,73544,93450,031
56,322−
12,471
23,96328,472
30,638

−
−
−
−
−

2,071
2,763
3,066
3,440
4,063

14,671
14,37914,373
14,625
15,206

8,068
7,897
8,501
8,128
8,058

−
−
−
2
3

1981
1982
1983
1984
1985

86,871
91,771
100,019
102,737
101,971

59,21463,51970,38570,75871,411

33,08335,642
41,772
42,92444,361

−
−
−
−
−

4,285
4,644
4,945
5,569
5,585

15,036
15,385
16,89018,718
17,795

8,336
8,223
7,798
7,692
7,180

−
−
1
−
−

1986
1987
1988
1989
1990

102,434
100,140
95,736
96,34197,801

72,26870,74768,36770,32273,77945,49945,56544,09946,58650,298

−
−
−
−
−

5,580
5,313
4,753
4,614
4,333

18,13017,603
16,54016,20014,896

6,456
6,477
6,076
5,205
4,793

−
−
−
−
−

1991
1992
1993
1994
1995

93,21890,41982,05275,276
71,851

70,684
68,97260,36353,81551,07548,021
46,27940,56735,40931,717

−
−
−
366
2,708

4,058
4,298
4,189
3,891
3,782

13,831
12,417
12,532
12,516
12,138

4,645
4,732
4,968
5,054
4,856

−
−
−
−
−

1996
1997
1998
1999
2000

72,17776,07877,266
77,53575,99551,17354,00854,22153,85651,70130,89331,31930,63329,684
26,447

3,367
3,937
4,187
4,382
4,630

3,762
4,205
4,815
5,187
5,357

12,316
12,82912,94813,256
13,254

4,926
5,036
5,282
5,236
5,683

−
−
−
−
−

2001
2002
2003
2004
2005

75,11475,19770,94968,19462,562

49,41048,64344,20740,81736,26024,54623,334
20,435
18,56015,916

4,676
4,783
4,654
4,575
4,271

5,788
5,848
5,587
5,436
4,886

14,423
15,31815,784
16,69016,420

5,493
5,388
5,371
5,251
4,996

−
−
−
−
−

2006
2007
2008
2009

58,84154,87850,71748,48833,57630,554
27,16926,094

14,101
12,706
10,455
9,908

3,929
3,910
3,662
3,665

4,711
4,344
3,994
3,869

16,081
15,832
15,84014,854

4,473
4,148
3,714
3,671

−
−
−
−

Source:Annual Report of Statistics on Legal Affairs and Annual Report of Statistics on Rehabilitation.

− 60 −

Editor in Charge
Haruhiko Ukawa, Deputy Director
Contributors
Naoyuki Harada, Professor
Kumiko Izumi, Professor
Toru Kawaharada, Professor
Ayako Sakonji, Professor
Yuichi Tada, Professor
Yuichiro Wakimoto, Professor
Junichi Watanabe, Professor
Fumihiko Yanaka, Professor
Linguistic Adviser
Grace Lord2011 edition