Prosecution by public prosecutors includes indictment and request for summary trial procedure. Reasons for non-prosecution dispositions include (1) insufficient conditions for prosecution (for example, lack or withdrawal of a complaint in the case of offenses indictable upon a complaint), (2) the case not being considered an offense (for example, because the suspect is insane), (3) no suspicion of an offense is proved (lack or insufficiency of evidence). In addition, (4) even when the suspicion of an offense is proved, public prosecutors may suspend prosecution if prosecution is deemed to be unnecessary in light of character, age, or circumstances of the suspect, the seriousness and nature of the offense, and the situation after the offense.
  Fig. 2-2-3-1 shows the trends in percent distribution of persons prosecuted or not prosecuted and the number of persons indicted over the last ten years.
  In 2006, the total number of persons finally disposed was 2,076,777. The number of persons indicted was 138,029 (6.6% of the total), the number of those who were prosecuted for summary trial procedure was 660,101 (31.8%), the number of those who were granted suspension of prosecution was 991,401 (47.7%), the number of those not prosecuted for other reasons was 92,637 (4.5%), and the number of those referred to family courts was 194,609 (9.4%). The number of persons indicted increased every year after 1995, but turned to decrease in 2005, and it also decreased by 8,323 from the previous year in 2006. The indictment rate (the rate of those indicted against the total of those prosecuted and not prosecuted) was on an upward trend after 1997 but has remained flat or slightly decreased since 2003 (see Appendix 2-2).

Fig.2-2-3-1  Percent distribution of persons finally disposed by public prosecutors offices by disposition, and number of persons indicted (1997-2006)

  Fig. 2-2-3-2 shows the trends in the prosecution rate and the suspended prosecution rate of those finally disposed by the prosecutors office by type of offense over the last ten years (see Appendix 2-3).

Fig. 2-2-3-2  Prosecution rates and suspended prosecution rates, by type of offense (1997-2006)

  Table 2-2-3-3 shows the number of persons not prosecuted, by reason (excluding negligence in the pursuit of social activities in traffic accidents and violations of road traffic related acts) over the last 10 years.
  In 2006, the rate of those not prosecuted due to “suspension of prosecution” fell by about 17 points from 1997 which is 10 years ago, while the rate of those not prosecuted due to “lack or insufficiency of evidence” rose by 16 points.

Table 2-2-3-3  Number of persons who were not prosecuted, by reason (1997-2006)