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 White paper on crime 2005 Part2/Chapter6/Section4/2 

2 Disposition by courts

(1) Outline

  Fig.2-6-4-5 shows the number of foreign nationals convicted in the court of first instance(only at district courts and summary courts;hereinafter the same in this subsection)and the number of such foreign nationals who were accompanied by interpreters or translators in courts,over the last10years.
  The proportion of foreign nationals to total convicted persons was13.4%(Source:Annual Report of Judicial Statistics,the General Secretariat,Supreme Court).

Fig.2-6-4-5  Numbers of foreign nationals convicted and of those accompanied by interpreters or translators(1995-2004)

  In2004,11,163foreign defendants(foreign nationals accompanied by interpreters/translators;hereinafter the same in this subsection)were finally disposed in the court of first instance,and a total of40languages were interpreted or translated.Chinese was used most frequently for4,862persons(43.6%),followed by Korean for1,230persons(11.0%),Tagalog for834persons(7.5%),Spanish for547persons(4.9%),Thai for531persons(4.8%),Portuguese for495persons(4.4%),and English for333persons(3.0%).The top three languages have been the same since1998(Source:The General Secretariat,Supreme Court).

(2) Sentencing

  Table2-6-4-6 shows the sentences(excluding fines)handed down to foreign defendants in the court of first instance in2004,by type of major offense.
  The rate of suspension of execution of sentence with or without labor for foreign defendants was84.7%,much higher than Japanese defendants(59.9%),since Immigration Control Law violations accounted for more than60%of foreign defendant cases and the suspended execution rate for them was extremely high(95.1%).The suspended execution rate of foreign defendants for those other than Immigration Control Law violations was66.1%.

Table2-6-4-6  Sentences handed down to foreign defendants,by type of major offense(2004)

  Fig.2-6-4-7 shows the percent distribution of the term of imprisonment with or without labor sentenced to foreign defendants in the court of first instance over the last10years.

Fig.2-6-4-7  Percent distribution of the term of imprisonment with or without labor sentenced to foreign defendants(1995-2004)