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 White paper on crime 2007 Part3/Chapter1/Section3/2 

2 Disposition by courts

(1) Outline
  Fig. 3-1-3-4 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 section) and the number of such foreign nationals who were accompanied by interpreters or translators in courts, over the last 10 years.
  The number of foreign nationals convicted for criminal cases and that of such foreign nationals who were accompanied by interpreters or translators in courts in 2006 decreased by 2,105 persons (19.9%) and by 2,120 persons (23.0%) from the previous year respectively. The proportion of foreign nationals to total convicted persons was 9.8% in 2006 (Source: Annual Report of Judicial Statistics, the General Secretariat, Supreme Court).

Fig.3-1-3-4  Numbers of foreign nationals convicted and of those accompanied by interpreters or translators (1997-2006)

  In 2006, the number of foreign defendants (foreign nationals accompanied by interpreters/translators; hereinafter the same in this subsection) finally disposed in the court of first instance was 7,195, and a total of 42 languages were interpreted or translated. Chinese was used most frequently for 2,838 persons (39.4%), followed by Korean for 919 persons (12.8%), Tagalog for 597 persons (8.3%), Portuguese for 533 persons (7.4%), Thai for 387 persons (5.4%), Spanish for 374 persons (5.2%), Vietnamese for 258 (3.6%), English for 230 persons (3.2%), and Persian for 205 persons (2.8%). The top three languages have been the same since 1998 (Source: The General Secretariat, Supreme Court).

(2) Sentencing
  The suspended execution rate with or without work for foreign defendants in the court of first instance in 2006 was 79.2% (down by 2.6% from the previous year) and much higher than that for Japanese defendants (57.9%) (down by 1.3% (id.)). This is because Immigration Control Act violations accounted for about 55.2% of foreign defendant cases and the suspended execution rate was extremely high (90.8%). The suspended execution rate excluding the cases for Immigration Control Act violations was 64.9% (Source: The General Secretariat, Supreme Court).
  Table 3-1-3-5 shows the percent distribution of the term of imprisonment with or without work sentenced to foreign defendants in the court of first instance over the last five years.
  Looking over the last five years, the proportion of foreign defendants whose terms of imprisonment are less than two years was on the decrease, on the other hand, the proportion of those whose terms of imprisonment are two years or more and less than three was on the increase. In 2006, compared to the numbers in 2005, the proportion of foreign defendants whose terms of sentence are less than one year as well as more than three years slightly increased.

Fig. 3-1-3-5  Percent distribution of the term of imprisonment with or without work sentenced to foreign defendants (2002-2006)