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 White paper on crime 2005 Part3/Chapter2/Section2/4 

4 Protection,etc. of victims in formal trials

(1) Protection of witnesses

  Victims often have to appear as witnesses in formal trials,but are sometimes unable to give sufficient statements in the presence of defendants or spectators.Therefore,there is a system to protect witnesses'rights and interests.The court may take measures so that the defendant and the witness may not see each other(shielding measures)in the case where the court considers that the witness might feel pressure or his/her peace of mind might be substantially disturbed when giving a statement in the presence of the defendant.Furthermore,in questioning of a victim of rape or other such offenses as a witness,the witness may be seated in a place other than the place where witnesses are usually seated when questioned.Also,the judges and persons concerned in the case may then examine the witness by audiovisual communication through the transmission of images and sound(video-link system).The court may also allow a witness to be accompanied by a person whom the court considers appropriate in the case where the court considers that the witness might otherwise feel extremely insecure or strained.
  The total number of witnesses for whom shielding measures were taken in examination increased steadily,being104from November to December in2000,847in2001,912in2002,1,062in2003,and1,074in2004.The total number of witnesses for whom a video-link system was used for examination also increased year by year,being67between June and December of2001,122in2002,136in2003,and217in2004.The total number of witnesses accompanied for examination generally increased,being10from November to December in2000,38in2001,68in2002,51in2003,and87in2004(Source:The General Secretariat,Supreme Court).
  The court may make the proceedings of a trial closed to the public where a unanimous decision is made by the judges that public order or good morals might otherwise be undermined.The examination of a witness may also be conducted out of court or on a day other than the fixed date for public trial if necessary.Furthermore,in spite of taking such measures as shielding measures,the video-link system,and attendance system,where victims are deemed unable to give sufficient statements as witnesses in the presence of defendants due to mental pressure or in the presence of particular spectators,a court or judges may order such defendants or particular spectators to leave the court.
  In addition,upon giving opportunities to know the name and address of a witness etc.,or to inspect evidential documents,in the case that there is a likelihood of occurrence of action to injure etc.the witness etc.,or to frighten or confuse the witness etc.,public prosecutors or attorneys at law may ask the opposing party to ensure that the security of the witness etc.shall not be threatened,such as keeping the address etc.of the witness etc.undisclosed to the defendants or other persons concerned.

(2) Opportunity to state opinions

  Also,the court shall give victims etc.the opportunity to state their opinions on the date of trial if they offer to express their feelings about damage and opinions on the cases.
The number of victims etc.who stated their opinions in trials was a total of22from November to December in2000,232in2001,457in2002,585in2003,and735in2004(Source:The General Secretariat,Supreme Court).

(3) Attendance at trials

  The presiding judge of a court with jurisdiction over a pending criminal case shall make arrangements to ensure that victims or their legal representatives can hear trial if they file applications to that effect.

(4) Compromise in criminal proceedings

  The defendants and victims,etc.in a criminal case may jointly request that any agreement reached between them in a civil suit related to the criminal case be included in the protocol for a public trial.Any such agreement included in the protocol has the same effect as a judicial compromise.
  The number of cases in which a reached agreement was included in the protocol for a public trial based on this system was a total of six from November to December in2000,55in2001,60in2002,54in2003,and43in2004(Source:The General Secretariat,Supreme Court).