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 White paper on crime 2000 Part2/Chap.2/Sec.1 

Chapter 2 Prosecution

Section 1 Overview

  Public prosecutor's offices handle the work of public prosecutors. They are divided into four types:the Supreme Public Prosecutors Office corresponding to the Supreme Court, High Public Prosecutors Offices corresponding to the High Courts, District Public Prosecutors Offices corresponding toDistrict Courts and Family Courts, and Local Public Prosecutors Offices corresponding to Summary Courts. As of June 30th, 2000, the number of organizations was: 1 supreme public prosecutors office, 8 high public prosecutors offices proper and 6 branches, 50 district public prosecutors offices proper and 203 branches, and 438 local public prosecutors offices.
  Public prosecutors, as representatives of the public interest, have the authority (1) to investigate crime, (2) to publicly prosecute criminal cases, (3) to request courts to make appropriate application of the law to criminal cases, (4) to supervise the execution of trials for criminal cases, (5) to request notification from the courts or to state opinions on matters under the authority of the courts or other matters, when they deem it necessary in the execution of their duties, and (6) to carry out work assigned to their authority by other laws and ordinances.
  Japan adopts a principle of prosecution by the state. Prosecution by private individuals is not recognized, and the rights of public prosecution are solely granted to public prosecutors. The only exception to this is the so-called"quasi-prosecution procedure"(see Part 5, Chapter 2, Section 1 )involving applications to commit cases to a court for trial(the principle of monopolization of prosecutions by public prosecutors).
  Public prosecutors receive cases referred from the police, etc. , as well as charges, complaints, and so on. They may also instigate investigations themselves and process cases on this basis. Their processing of cases results in final and intermediate decisions. The former are broadly divided into prosecution and non-prosecution decisions.
  Prosecution decisions include prosecution for summary proceedings and requests for speedy trial procedures, in addition to prosecution for formal trial. Reasons for non-prosecution decisions include (1) insufficient conditions for prosecution, such as the death of the suspect, dissolution of companies, etc. , lack, invalidity, or withdrawal of a charge, complaint, or request with respect to offenses indictable upon a complaint, (2) non-recognition of the offense because the suspect is a minor or lacks mental capacity, etc. , (3) non-recognition of the suspicion of the offense due to lack or insufficiency of evidence. Even when the suspicion of the offense is recognized, a decision to suspend prosecution may be made when prosecution is deemed unnecessary in view of the character, age, or circumstances of the suspect, the seriousness and nature of the offense, or information received after the offense(the principle of discretionary prosecution).
  Meanwhile, public prosecutors are obliged to refer cases involving juvenile suspects to family courts when they recognize the suspicion of an offense following their investigations into such cases, except when these cases have been received through referral from family courts. Also, even when there is no suspicion of an offense, they are similarly obliged to refer cases to family courts when they deem there to be grounds for examination by the latter, as in the case of pre-delinquency (see Part 3, Chapter 2, Section 2 for the prosecution of juvenile cases).