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 White paper on crime 2007 Part3/Chapter4/Section3/1 

1 Hearings pertaining to public prosecutor's application

  This act covers persons who have committed any of the designated acts (arson, forcible indecency, rape, homicide, injury, or robbery) but are (1) not prosecuted on the ground of being insane or diminished capacity, or (2) found, by final judgments, not guilty on the ground of being insane or given a mitigated sentence on the ground of diminished capacity (excluding the case of being sentenced to imprisonment with or without work without suspension of execution of sentence). For such persons, a collegiate court body at the district court which is comprised of a judge and a mental health examiner (psychiatrist) shall, upon the application of a public prosecutor, hold a hearing with regard to the necessity of medical treatment and the details of such treatment.
  Table 3-4-3-2 shows persons for whom prosecutors applied for hearings in 2006 by type of acts and criminal disposition.

Table 3-4-3-2  Number of persons for whom prosecutors applied for hearings by type of acts and by type of criminal disposition (2006)

  For this hearing the court may have the director of a probation office investigate the living conditions of such persons and report its result. The number of cases received for an examination of living conditions (related to the hearing applied for by prosecutors) was 366 in 2006 (Source: The Rehabilitation Bureau, Ministry of Justice).
  Table 3-4-3-3 shows persons finally disposed at hearings in district courts pertaining to public prosecutor's application in 2006, by type of designated acts.
  191 persons received disposition of hospitalization (disposition of hospitalization to receive medical care; hereinafter the same in this section), and 80 persons received disposition of outpatient treatment (disposition of providing medical care other than by hospitalization).

Table 3-4-3-3  Number of persons finally disposed at hearings in district courts pertaining to public prosecutor's application (2006)