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 White paper on crime 2001  

NOTES

I. Definition of Offenses and Terms
1. Definition of offenses
(1) Unless mentioned otherwise, the term "penal code offense" means an offense prescribed by the Penal Code (Law No. 45 of 1907) and the following special laws.
(i) Explosives Control Law (Cabinet Order No. 32 of 1884);
(ii) Law relating to Duels (Law No. 34 of 1889);
(iii) Law for the Punishment of Revenue Stamp Crimes (Law No. 39 of 1909);
(iv) Law Concerning the Punishment of Physical Violence and Others (Law No. 60 of 1926);
(v) Law Concerning the Prevention and Punishment of Burglary, Robbery, Larceny, etc. (Law No. 9 of 1930);
(vi) Law Concerning the Punishment of Unlawful Seizure of Aircraft (Law No. 68 of 1970);
(vii) Law for the Punishment of Crimes Relating to Environmental Pollution Which Adversely Affects the Health of Persons (Law No. 142 of 1970);
(viii) Law Concerning the Punishment of Acts Causing Aviational Danger (Law No. 87 of 1974);
(ix) Law Concerning the Punishment of Coercion and Other Related Acts Committed by Those Having Taken Hostages (Law No. 48 of 1978); and
(x) Law Concerning Punishment of Organized Crime, Control of Crime Proceeds and Other Matters (Law No. 136 of 1999).
(2) The term "special law offense" means an offense against penal provisions other than the laws given above.
(3) The term "professional negligence" means professional or gross negligence resulting in death or bodily injury.
(4) The term "professional negligence in traffic accidents" means professional or gross negligence resulting in death or bodily injury by traffic accident.
(5) The term "road traffic violation" means violation of the Road Traffic Law (Law No. 105 of 1960) or the Law on Securing Vehicle Parking Spaces (Law No. 145 of 1962).
(6) The term "violations of traffic-related laws" means violation of the Road Trucking Vehicle Law (Law No. 185 of 1951), violation of the Automobile Liability Insurance Law (Law No. 97 of 1955) and road traffic violation.
(7) The basic categories of penal code offenses enumerated in (1) above include the following types of offense variations, unless specified otherwise.
(i) attempt;
(ii) preparation;
(iii) instigation and assistance;
(iv) offenses aggravated by results of a crime including robbery resulting in death or bodily injury;
(v) aggravated or mitigated forms of offenses prescribed in the Penal Code other than professional negligence; and
(vi) aggravated forms of offenses prescribed in the Law Concerning the Prevention and Punishment of Burglary, Robbery, Larceny, etc.
(8) The following penal code offense categories include the specific offenses in parentheses.
(i) homicide (involvement in suicide and consented homicide);
(ii) robbery (homicide or rape on the occasion of robbery);
(iii) bodily injury (encouragement of bodily injury);
(iv) intimidation (coercion);
(v) obstruction of performance of official duties (destruction of seals, etc. ); and
(vi) forgery and counterfeiting (forgery of various documents, making a false entry in an officially authenticated instrument, etc. , and the uttering of these forged documents).
(9) "Misappropriation of lost property" falls under the category of "embezzlement" in the Japanese Penal Code, and unless mentioned otherwise, figures and data on "embezzlement" include those on "misapp ropriation of lost property" in this White Paper.
2. Definition of terms
(1) "Clearance rate" refers to the percentage obtained from the following formula: cleared cases / reported cases x 100.
(2) "Prosecution rate" refers to the percentage obtained from the following formula: number of suspects prosecuted/(number of suspects prosecuted + number of suspects not prosecuted) x 100.
(3)"Suspended prosecution rate" refers to the percentage obtained from the following formula: number of suspects granted suspension of prosecution/(number of suspects prosecuted + number of suspects granted suspension of prosecution) x 100.
(4) "Suspended execution rate" refers to the percentage obtained from the following formula: number of offenders granted suspension of execution of sentence/number of offenders sentenced to imprisonment with or without labor for a limited term x 100.
(5) Juvenile
(i) The term "junior juvenile" refers to a person 14 years of age or over but under 16 years of age.
(ii) The term "intermediate juvenile" refers to a person 16 years of age or over but under 18 years of age.
(iii) The term "senior juvenile" refers to a person 18 years of age or over but under 20 years of age.
(6) The term "final disposal" refers to the disposal of a case other than through transfer between Public Prosecutors Offices or suspension of investigation, and through transfer or reference for judgment between courts.
(7) The term "percent distribution" refers to percentage, unless specified otherwise.
(8) "Commitment to a Home for Juvenile Training and Education or a Home for Dependent Children" as a final disposal by a family court includes commitment to a reform school for juvenile delinquents or a residential care institution for children, which was practiced until March 31, 1998.
3. Abbreviation of offenses
  The following abbreviations are used in this paper for special law offenses. In Figures and Tables, the term "violation" is omitted for special law offenses except in titles and notes.
[Abbreviation]                                       [Offense]
Foreign Exchange Law violation                                   Violation of the Foreign Exchange and Foreign Trade Control Law (Law No. 228 of 1949)
Alien Registration Law violation  Violation of the Alien Registration Law (Law No. 125 of 1952)
Marine Pollution Prevention Law violation                        Violation of the Law Relating to the Prevention of Marine Pollution and Maritime Disaster (Law No. 136 of 1970)
Loan Business Control Law violation                              Violation of the Loan Business Control Law (Law No. 32 of 1983)
Pollution Crime Law violation                                    Violation of the Law for the Punishment of Crimes Relating to Environmental Pollution Which Adversely Affects the Health of Persons (Law No. 142 of 1970)
Violation of the Law against Child Prostitution and Pornography  Violation of the Law for Punishing Acts Related to Child Prostitution and Child Pornography, and for Protecting Children (Law No. 52 of 1999)
Firearms and Swords Control Law violation                        Violation of the Law to Control the Possession of Firearms and Swords (Law No. 6 of 1958) (including violation of the Cabinet Order to Control the Possession of Firearms and Swords (Cabinet Order No. 334 of 1950))
Investment Law violation                                         Violation of the Investment, Deposit and Interest Rate Control Law (Law No. 195 of 1954)
Poisonous and Deleterious Substances Control Law violation       Violation of the Poisonous and Deleterious Substances Control Law (Law No. 303 of 1950)
Anti-trust Law violation                                         Violation of the Law Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade (Law No. 54 of 1947)
Immigration Control Law violation                                Violation of the Immigration Control and Refugee Recognition Law (Law No. 319 of 1951)
Wastes Disposal Law violation                                    Violation of the Waste Disposal and Public Cleaning Law (Law No. 137 of 1970)
Adult Entertainment Law violation                                Violation of the Law Regulating Adult Entertainment Businesses, etc. (Law No. 122 of 1948)
Door-to-Door Sales Law violation                                 Violation of the Law Concerning Door-to-Door Sales, etc. (Law No. 57 of 1976)
Physical Violence Law violation                                 Violation of the Law Concerning the Punishment of Physical Violence and Others (Law No. 60 of 1926)
Vehicle Parking Spaces Law violation                             Violation of the Law on Securing Vehicle Parking Spaces (Law No. 145 of 1962)
Narcotics Provision Law violation                                Violation of the Law Concerning Special Provisions for the Law to Control Narcotics and Psychotropic Substances, etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conducts and Other Activities Involving Controlled Substances Through International Cooperation (Law No. 94 of 1991)
Narcotics Control Law violation                                  Violation of the Law to Control Narcotics and Psychotropic Substances (Law No. 14 of 1953)
Public Drunkenness Prevention Law violation                      Violation of the Law for the Prevention of the Act of Causing Public Nuisance by Drunkenness, etc. (Law No. 103 of 1961)
Worker Dispatch Law violation                                    Violation of the Law for the Proper Operation of Worker Dispatch Business and the Improvement of Working Conditions of Dispatched Workers, etc. (Law No. 88 of 1985)
4. Abbreviation of country names
  The following abbreviations are used in the text as well as in Figures and Tables.
[Abbreviation]   [Official name]
U. S. A.        United States of America
Algeria         Democratic People's Republic of Algeria
Argentina       Argentine Republic
Israel          State of Israel
Italy           Republic of Italy
Iran            Islamic Republic of Iran
Indonesia       Republic of Indonesia
Vietnam         Socialist Republic of Viet Nam
El Salvador     Republic of El Salvador
Australia       Commonwealth of Australia
Austria         Republic of Austria
Netherlands     Kingdom of the Netherlands
Ghana           Republic of Ghana
South Korea     Republic of Korea
Cambodia        Kingdom of Cambodia
Colombia        Republic of Colombia
Jordan          Hashemite Kingdom of Jordan
Singapore       Republic of Singapore
Switzerland     Swiss Confederation
Sweden          Kingdom of Sweden
Thailand        Kingdom of Thailand
China           People's Republic of China
Chile           Republic of Chile
Germany         Federal Republic of Germany
Turkey          Republic of Turkey
Nigeria         Federal Republic of Nigeria
Nepal           Kingdom of Nepal
Japan           Japan
Norway          Kingdom of Norway
Pakistan        Islamic Republic of Pakistan
Paraguay        Republic of Paraguay
Bangladesh      People's Republic of Bangladesh
Philippines     Republic of the Philippines
Finland         Republic of Finland
Brazil          Federative Republic of Brazil
France          French Republic
Belarus         Republic of Belarus
Peru            Republic of Peru
Belgium         Kingdom of Belgium
Poland          Republic of Poland
Bolivia         Republic of Bolivia
Portugal        Portuguese Republic
Honduras        Republic of Honduras
Myanmar         Union of Myanmar
Mexico          United Mexican States
Mauritius       Republic of Mauritius
Laos            Lao People's Democratic Republic
U. K.             United Kingdom of Great Britain and Northern Island
Russia          Russian Federation
North Korea     Democratic People's Republic of Korea
II. Data Sources
1. Type of statistical materials
  Statistics, figures, tables and other calculated data are primarily provided by the Criminal Affairs, Correction, Rehabilitation, Human Rights and Immigration Bureaus of the Ministry of Justice. Data are also obtained from various research and survey conducted by relevant agencies as well as from the following official statistics.
- Criminal Statistics by National Police Agency (Criminal Investigation Bureau, National Police Agency)
- Annual Report of Statistics on Prosecution (Judicial System Department, Minister's Secretariat, Ministry of Justice)
- Annual Report of Judicial Statistics (General Secretariat of the Supreme Court)
- Annual Report of Statistics on Correction (Judicial System Department, Minister's Secretariat, Ministry of Justice)
- Annual Report of Statistics on Rehabilitation (Judicial System Department, Minister's Secretariat, Ministry of Justice)
- Annual Report of Statistics on Immigration Control (Judicial System Department, Minister's Secretariat, Ministry of Justice)
Notes:
(1) Criminal Statistics by National Police Agency were entitled "Criminal Statistics" until 1963 and renamed "Crime in 19xx (various years)" in 1964. For the purpose of this paper, both of them are referred to as "Criminal Statistics by National Police Agency. "
(2) Statistical data up to 1972 do not cover the cases in Okinawa Prefecture that occurred on May 14, 1972 or earlier.
(3) All data sources are indicated using names of ministries and agencies after the reorganization of central government ministries and agencies in January 2001.
2. Coverage of statistical materials
  In principle, statistical materials cover the period up to 2000 and include available data as of July 2001.
  The statistics for 2000 that were not officially available at the time of writing this paper are substituted with data obtained from the agencies concerned. The data thus obtained are provisional in nature and may differ from the corresponding data in official statistics to be published subsequently. In such cases, corrections will be made as appropriate in the White Paper on Crime for the coming years.
III. Presentation of Figures and Tables
1. Numbering of Figures and Tables
  The numbering of Figures and Tables is renewed for each Part and presented as Roman numerals followed by serial numbers. (For example, Table II-3 indicates the third table in Part 2. )
2. Calculation method
  The percent distribution, indices, etc. , in statistical Figures and Tables represent rounded values. Therefore, percent distribution did not necessarily add up to 100.0.
3. Presentation of values, etc.
(1) Numerical values, etc., in Tables are presented as follows:
(i) -: zero in number or not applicable, or zero in percentage or percentage for the number not applicable.
(ii) 0: number that does not reach 1 when rounded.
(iii) 0.0: percent distribution that does not reach 0.1 when rounded.
(iv) . .. : data/statistical materials not available.
(v) Δ: decrease or decline in numerical value in comparison with that of the previous year
(2) Numerical values in Figures are presented as follows:
(i) 0: zero in number or not applicable.
(ii) 0.0: percent distribution that does not reach 0.1 when rounded.
IV. The period from 1926 to 1988 is called the Showa period, and the period from 1989 up to present is called the Heisei period.