order. To ensure that criminal proceeds are not concealed or spent before the order is given, the police uses the system of "Temporary Restraining Order for Confiscation before Institution of Prosecution" stipulated in the Act on the Punishment of Organized Crime and the Anti-Drug Special Provisions Law in order to confiscate criminal proceeds effectively.

## Paragraph 1 Confiscation and Collection of Equivalent Value under the Act on the Punishment of Organized Crime

## 1 Application of Provisions of Confiscation and Collection of Equivalent Value

The details of application of Provisions of Confiscation and Collection of Equivalent Value under the Act on the Punishment of Organized Crime in general court procedures (first trials) are shown in the following Table 6-3.

Table 6-3 Statistics of the application of Provisions of Confiscation and Collection of Equivalent Value under the Act on the Punishment of Organized Crime in general first trials

Year	Confiscation	Collection	Total
Persons	Amount	Persons	Amount	Persons	Amount
2005	18	69,958	54	585,698	72	655,657
2006	27	150,406	75	1,869,842	102	2,020,248
2007	29	104,020	67	603,680	96	707,700
2008	40	335,721	79	560,791	119	896,512
2009	98	105,774	129	4,980,485	227	5,086,259

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

Note 2: Units are yen in thousands (amounts less than one-thousand yen are rounded down).

Note 3: When Confiscations and Collections of Equivalent Value were ordered in duplicate for accomplices, the amount was calculated excluding the duplicated amount.

## 2 Temporary Restraining Order for Confiscation of Criminal Proceeds before Institution of Prosecution

"Temporary Restraining Orders for Confiscation of Criminal Proceeds before Institution of Prosecution" were issued 70 times (16 more than the previous year) in 2010, under the Article 23 of the Act on the Punishment of Organized Crime. The total number of the orders since the enforcement of the law is 229.

In each type of predicted offences, there were 15 cases of habitual gambling and running a gambling place for the purpose of profit, 12 cases of loan-sharking offenses, 10 cases of obscene-goods distribution, 9 cases of violation of the Anti-Prostitution Law, 6 cases of fraud, 5 cases of violation of the Disposal of Waste Matter Act, 3 cases each respectively of theft, violation of the Trademark Law and violation of the Copyright Act, and one case each respectively of burglary, document forgery, violation of the Workers Dispatching Law and violation of the Pharmaceutical Affairs Law. From 2007 onward, the number of the Orders has increased substantially year by year. One of the reasons for this trend is that "Confiscation and Collection of Equivalent Value of the Crime Victim Property" related to crimes such as fraud, loan sharking offences, theft, and acceptance of stolen properties, which had not been subjects to be confiscated or collected, are now available due to the enforcement of the amended Act on the Punishment of Organized Crime of December 1, 2006, and that the provision of the Article 13, Paragraph 3 of the Act (confiscation of crime victim property) has been applied. The system of a "Temporary Restraining Orders for Confiscation before Institution of Prosecution" under the Act on the