## Section2 Deprivation of Criminal Proceeds

It is important to eliminate criminal proceeds in order to prevent their use for the maintenance and expansion of criminal syndicates, and their investment in future criminal activities. The confiscation and collection of criminal proceeds are to be ordered by the court. In order to ensure that the criminal proceeds are not concealed or spent before the order is given, police are actively seeking pre-indictment confiscation securance orders as provided in the Act on the Punishment of Organized Crime and the Anti-Drug Special Provisions Law.

## Paragraph1 Confiscation and Collection under the Act on the Punishment of Organized Crime

## 1 Application for Provisions of Confiscation and Collection

How provisions related to confiscation and collection under the Act on the Punishment of Organized Crime were applied in a trial court is shown in the following figure, Figure 6-3.

Table 6-3 Outline of the application of confiscation and collection provisions under the Act on the Punishment of Organized Crime in normal first trials

Year	Confiscation	Collection	Total
People	Amount	People	Amount	People	Amount
2003	8	4,278	20	144,397	28	148,675
2004	15	69,804	22	504,806	37	574,610
2005	18	70,138	54	816,175	72	886,313
2006	27	154,723	75	3,408,638	102	3,563,362
2007	29	104,088	67	785,038	96	889,126

Note 1: Data is based on the White Paper on Crime.

Note 2: Amounts are in thousands of yen (with amounts fewer than one-thousand yen rounded down).

Note 3: When confiscations and collections were ordered in duplicate for accomplices, the number is a total of all amounts and offenders.

## 2 Pre-indictment Confiscation Securance of Criminal Proceeds, etc

Pre-indictment confiscation securance orders were issued 44 times (23 more than the previous year), in accordance with the provision of Article 23 of the Act on the Punishment of Organized Crime, for a cumulative total since the enforcement of the law of 105 orders.

In type of predicate offence of money laundering, there were 10 cases of opening a gambling place for profit, 8 cases of black market finance, 4 cases each of distribution of obscene objects, etc., in violation of the Pharmaceutical Law, and the Worker Dispatch Law, 3 cases each in violation of the Lawyers Law and Waste Management and Public Cleansing Law, 2 cases each of fraud such as “Furikome” fraud and in violation of the Anti-Prostitution Law, and 1 case each of theft, of receiving stolen goods and in violation of Trademark Law and Copyright Law. The reason why the number of orders more than doubled over the last year is that confiscation and collection of equivalent value of crime victim property involving crimes such as “Furikome” fraud, black market financing, theft, and receiving stolen goods, which previously could not be conducted, are now possible due to the enactment of a revision to the Act on the Punishment of Organized Crime effective December 1 2006, and application of the regulation in Article 13 Paragraph 3 (confiscation of crime victim property). The pre-indictment confiscation securance order regulated by the Act on the Punishment of Organized Crime is a countermeasure that has provided judicial police officers with the authority to recover criminal