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.45of1907)and the following special laws.
(i) Explosives Control Law(Cabinet Order No.32of1884);
(ii) Law Relating to Duels(Law No.34of1889);
(iii)Law Concerning the Punishment of Revenue Stamp Crimes(Law No.39of1909);
(iv) Law Concerning the Punishment of Physical Violence and Others(Law No.60of1926);
(v) Law Concerning the Prevention and Punishment of Burglary,Robbery,Larceny,etc.(Law No.9of1930);
(vi)Law Concerning the Punishment of Unlawful Seizure of Aircraft(Law No.68of1970);
(vii)Law Concerning the Punishment of Crimes Relating to Environmental Pollution Which Adversely Affects the Health of Persons(Law No.142of1970);
(viii) Law Concerning the Punishment of Acts Causing Aviational Danger(Law No.87of1974);
(ix) Law Concerning the Punishment of Coercion and Other Related Acts Committed by Those Having Taken Hostages(Law No.48of1978);and
(x) Law for Punishment of Organized Crime,Control of Crime Proceeds and Other Matters(Law No.136of1999).
(2)The term"professional negligence"means professional or gross negligence resulting in death or bodily injury.
(3)The term"professional negligence in traffic accidents"means professional or gross negligence resulting in death or bodily injury by traffic accident.
(4)The term"general Penal Code offense"means Penal Code offenses excluding professional negligence in traffic accidents.
(5)The term"special law offense"means an offense against penal provisions other than the laws listed in(1).
(6)The term"road traffic violation"means violation of the Road Traffic Law(Law No.105of1960)or the Law on Securing Vehicle Parking Spaces(Law No.145of1962).
(7)The term"violation of traffic-related laws"means violation of the Road Trucking Vehicle Law(Law No.185of1951),violation of the Automobile Liability Insurance Law(Law No.97of1955)and road traffic violation.
(8)The term"violation of other traffic laws"means an offense prescribed by the Road Trucking Law(Law No.183of1951),the Road Law(Law No.180of1952),the National Expressway Law(Law No.79of1957),the Law Concerning Vehicle Parking Space(Law No.106of1957),the Special Measures Law Concerning the Prevention of Traffic Accidents by Large Automobiles for Transportation of Earth,Sand etc.(Law No.131of1967),the Special Measures Law for Promoting Proper Taxi Services(Law No.75of1970),the Freight Transporting Business Law(Law No.82of1989),the Trucking Business Law(Law No.83of1989),the Law Concerning the Prevention of Studded Tire Dusts(Law No.55of1990),and the Law for Promoting Proper Alternative Driver Services(Law No.57of2001)
(9)The term"unsafe driving resulting in death or bodily injury"is included in general Penal Code offenses.
(10)The basic categories of Penal Code offenses listed in(1)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.
(11)The following Penal Code offense categories include the offenses in parentheses.
(i) homicide(involvement in suicide and consented homicide);
(ii) robbery(homicide or rape on the occasion of robbery);
(iii) robbery resulting in death(homicide on the occasion of robbery)
(iv) bodily injury(encouragement of bodily injury);
(v) intimidation(coercion);
(vi) obstruction of performance of official duties(destruction of seals,etc.);and
(vii) forgery and counterfeiting(forgery of various documents,making a false entry in an officially authenticated instrument,etc.,and the uttering of these documents).
[Note]
Where the data source is the Criminal Statistics by National Police Agency:
(1)The term"Penal Code offenses"excludes violations of the Law for the Punishment of Revenue Stamp Crimes and the Law for the Punishment of Crimes Relating to Environmental Pollution Which Adversely Affects the Health of Persons,but includes violations of the Law Punishing the Use of Molotov Cocktails(Law No.17of1972),the Special Measures Law Concerning Prevention of Mixing Toxic Substances into Distributed Foods(Law No.103of1987),the Law Concerning Prevention of Physical Injury by the Use of Sarin etc.(Law No.78of1995),the Law Punishing a Person in Public Office who Gains Profits by the Good Offices(Law No.130of2000),and the Law Punishing the Financing etc.for Offenses Purposing to Intimidate Public,etc.(Law No.67of2002).
(2)The terms"assault","bodily injury",and"intimidation"include offenses provided in Article1and Article1-3of the Law Concerning the Punishment of Physical Violence and Others.
(3)The term"destruction of objects"includes concealment of a letter and violations of Article1and Article1-3of the Law Concerning the Punishment of Physical Violence and Others.
(4)The term"special law offense"includes violation of the Law for the Punishment of Revenue Stamp Crimes and the Law for the Punishment of Crimes Relating to Environmental Pollution Which Adversely Affects the Health of Persons,and excludes violation of the Law Punishing the Use of Molotov Cocktails,the Special Measures Law Concerning Prevention of Mixing Toxic Substances into Distributed Foods,the Law Concerning Prevention of Physical Injury by the Use of Sarin etc.,the Law Punishing a Person in Public Office who Gains Profits by the Good Offices,and the Law on Punishment of Financing of Offenses of Public Intimidation.
Where the data source is the Annual Report of Judicial Statistics:
(5)The term"Penal Code offenses"excludes violation of the Law for the Punishment of Revenue Stamp Crimes,the Law Concerning the Punishment of Unlawful Seizure of Aircraft,the Law Concerning the Punishment of Crimes Relating to Environmental Pollution Which Adversely Affects the Health of Persons,the Law Concerning the Punishment of Acts Causing Aviational Danger,the Law Concerning the Punishment of Coercion and Other Related Acts Committed by Those Having Taken Hostages and the Law for Punishment of Organized Crime,Control of Crime Proceeds and Other Matters.The term"special law offense"includes violation of these laws.
2.Definition of terms
(1)"Number of reported cases"refers to the number of cases whose occurrence came to known to the police or other investigative authorities through incident reports,complaints charges or other causes.
(2)"Number of cleared cases"refers to the number of cases those offenders are cleared(identified by the investigative authorities and treated as suspects,including non-arrest cases).The number includes cases disposed by police as minor offenses,etc.in addition to those cases referred to prosecutors.
(3)"Number of persons cleared"refers to the number of cleared offenders.
(4)"Number of referred cases"refers to the number of cases referred by the police and other investigative authorities.
(5)"Number of persons referred"refers to the number of suspects in the cases referred by the police,etc.
(6)"Clearance rate"refers to the percentage of the number of cleared cases per the number of cases known to police.
(7)"Prosecution rate"refers to the percentage of the number of suspects prosecuted per the sum of the number of suspects prosecuted and the number of suspects not prosecuted.
(8)"Suspended prosecution rate"refers to the percentage of the number of suspects granted suspension of prosecution per the sum of the number of suspects prosecuted and the number of suspects granted suspension of prosecution.
(9)"Ordinary first instance"refers to ordinary public trial procedures at the courts of first instance.
(10)"Suspended execution rate"refers to the percentage of the number of offenders granted suspension of execution of sentence per the number of offenders sentenced to imprisonment with or without labor for a limited term.
(11)"Female rate"refers to the rate of females to the total of males and females.
(12)Juvenile
(i) The term"junior juvenile"refers to a person14years of age or over but less than16years of age.
(ii) The term"intermediate juvenile"refers to a person16years of age or over but less than18years of age.
(iii) The term"senior juvenile"refers to a person18years of age or over but less than20years of age.
(13)The term"final disposal",in prosecutorial context,refers to the disposition of a case by prosecutors,except transfer between Public Prosecutors Offices or suspension of investigation.In court procedural context,it refers to the disposition of a case by courts,except transfer or reference between courts.
(14)The term"commitment to the Home for Juvenile Training and Education or to the Home for Dependent Children"refers to a final disposition by a family court.The reference to the term in the context prior to March31,1998includes commitment to reform schools for juvenile delinquents and to residential care institutions for children.
(15)The terms"percent distribution"and"ratio"refer to percentage,unless specified otherwise.
3.Abbreviation of special laws
The following abbreviations are used in this paper for the main Japanese special laws.In figures and tables,the term"violation"is omitted for special law offenses except in titles and notes.
[Abbreviation] [Law] Law Punishing a Person who Gains Profits by the Good Offices Law Punishing a Person in Public Office who Gains Profits by the Good Offices(Law No.130of2000)
Foreign Exchange Law Foreign Exchange and Foreign Trade Control Law(Law No.228of1949)
Alien Registration Law Alien Registration Law(Law No.125of1952)
Marine Pollution Prevention Law Law Relating to the Prevention of Marine Pollution and Maritime Disaster(Law No.136of1970)
Loan Business Control Law Loan Business Control Law(Law No.32of1983)
Pollution Crime Law Law for the Punishment of Crimes Relating to Environmental Pollution Which Adversely Affects the Health of Persons(Law No.142of1970)
Law against Child Prostitution and Pornography Law for Punishing Acts Related to Child Prostitution and Child Pornography,and for Protecting Children(Law No.52of1999)
Firearms and Swords Control Law Law to Control the Possession of Firearms and Swords(Law No.6of1958)(including the Cabinet Order to Control the Possession of Firearms and Swords(Cabinet Order No.334of1950))
Investment Law Law Concerning Regulation,etc.of Receiving of Capital Subscription,Deposits and Interest on Deposits,etc.(Law No.195of1954)
Anti-organized Crime Law Law for Punishment of Organized Crime,Control of Crime Proceeds and Other Matters(Law No.136of1999)
Poisonous and Deleterious Substances Control Law Poisonous and Deleterious Substances Control Law(Law No.303of1950)
Anti-trust Law Law Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade(Law No.54of1947)
Specified Commercial Transactions Law Specified Commercial Transactions Law(Law No.57of1976)
Immigration Control Law Immigration Control and Refugee Recognition Law(Cabinet Order No.319of1951)
Wastes Disposal Law Wastes Disposal and Public Cleaning Law(Law No.137of1970)
Adult Entertainment Law Law Regulating Adult Entertainment Businesses,etc.(Law No.122of1948)
Unauthorized Computer Access Law Law Concerning Prohibition of Illegally Accessing Acts(Law No.128of1999)
Physical Violence Law Law Concerning the Punishment of Physical Violence and Others(Law No.60of1926)
Vehicle Parking Spaces Law Law on Securing Vehicle Parking Spaces(Law No.145of1962)
Narcotics Provision Law 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.94of1991)
Narcotics Control Law Law to Control Narcotics and Psychotropic Substances(Law No.14of1953)
Public Drunkenness Prevention Law Law for the Prevention of the Act of Causing Public Nuisance by Drunkenness,etc.(Law No.103of1961)
Worker Dispatch Law Law for the Proper Operation of Worker Dispatch Business and the Improvement of Working Conditions of Dispatched Workers,etc.(Law No.88of1985)
4.Abbreviation of country names
The following abbreviations are used in the text as well as in figures and tables.
[Region] [Conventional Short Form] [Conventional Long Form] Asia Afghanistan Afghanistan
Bangladesh People's Republic of Bangladesh
China People's Republic of China
India India
Indonesia Republic of Indonesia
Iran Islamic Republic of Iran
Iraq Republic of Iraq
Israel State of Israel
Japan Japan
South Korea Republic of Korea
(North Korea) (Democratic People's Republic of Korea)
Laos Lao People's Democratic Republic
Malaysia Malaysia
Mongolia Mongolia
Myanmar Union of Myanmar
Nepal Kingdom of Nepal
Pakistan Islamic Republic of Pakistan
Philippines Republic of the Philippines
Singapore Republic of Singapore
Sri Lanka Democratic Socialist Republic of Sri Lanka
Thailand Kingdom of Thailand
Turkey Republic of Turkey
Viet nam Socialist Republic of Viet Nam
Uzbekistan Republic of Uzbekistan
Oceania Australia Commonwealth of Australia
New Zealand New Zealand
Africa Guinea Republic of Guinea
Ghana Republic of Ghana
Morocco Kingdom of Morocco
Nigeria Federal Republic of Nigeria
Senegal Republic of Senegal
Republic of South Africa Republic of South Africa
Uganda Republic of Uganda
Tanzania United Republic of Tanzania
Europe Belgium Kingdom of Belgium
Czech Republic Czech Republic
France French Republic
Germany Federal Republic of Germany
Ireland Ireland
Italy Republic of Italy
Netherlands Kingdom of the Netherlands
Poland Republic of Poland
Portugal Portuguese Republic
Romania Romania
Spain Spain
Sweden Kingdom of Sweden
Switzerland Swiss Confederation
United Kingdom United Kingdom of Great Britain and Northern Ireland
Belarus Republic of Belarus
Russia Russian Federation
North America Canada Canada
Dominican Republic Dominican Republic
Honduras Republic of Honduras
Jamaica Jamaica
Mexico United Mexican States
United States of America United States of America
South America Argentina Argentine Republic
Bolivia Republic of Bolivia
Brazil Federative Republic of Brazil
Chile Republic of Chile
Colombia Republic of Colombia
Peru Republic of Peru
Uruguay Oriental Republic of Uruguay
Venezuela Bolivarian Republic of Venezuela
[Notes]
(1)Conventional short forms of names of countries are based on the"Table of Country Names"compiled by the Ministry of Foreign Affairs.
(2)Japan has not recognized North Korea.However,since North Korea has become a member of the United Nations,we listed the name in parentheses.
II.Data Sources
1.Type of statistical materials
Statistics,figures,tables and other calculated data are primarily provided by following Bureaus of the Ministry of Justice;Criminal Affairs,Correction,Rehabilitation,Human Rights and Immigration.Data are also obtained from various researches and surveys 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"until1963and renamed"Crime in19xx(various years)"in1964.For the purpose of this paper,both of them are referred to as"Criminal Statistics by National Police Agency."
(2)Statistical data up to1972do not include the data of May14,1972and prior to the date of Okinawa Prefecture.
(3)Statistical data for1989cover cases that occurred from January1to January7,1989.
(4)All data sources are indicated using the names of ministries and agencies after the reorganization of central government ministries and agencies in January2001.
2.Coverage of statistical materials
Statistical materials cover the period up to2003and available data at July2004.
For those statistical data for2003those were not available in form of official publication at the time of drafting,we used raw data offered by the relevant agencies.Those data are provisional in nature and may differ from the corresponding data in the subsequent publication.In such cases,the White Paper of Crime would correct the relevant figures in the White Paper on Crime for the coming years.In addition,we will do so accordingly with any change within the official statistical publications.
III.Presentation of Figures and Tables 1.Numbering of figures and tables
The numbering of figures and tables are indicated in the order of the part,chapter,section and figure or table number(For example,Fig.2-4-2-3indicates Part2,Chapter4,Section2,Figure3.)is renewed for each section.
2.Calculation method
The percent distribution,indices,etc.,in statistical figures and tables are rounded off.Therefore,the figures for percent distribution may not add up to100.0.
3.Presentation of values,etc.
(1)Numerical values,etc.,in tables are presented as follows:
(i)"-" zero in number or not applicable or the percentage thereof
(ii)"0" number that does not reach one when rounded off
(iii)"0.0" percent distribution that does not reach0.1when rounded off
(iv)"..." data/statistical materials not available,or when the parameter is zero
(2)Numerical values in figures and tables are presented as follows:
(i)"0" zero in number or not applicable.
(ii)"0.0" percent distribution that does not reach0.1when rounded off.