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White paper on crime 2008

— The Circumstances and Attributes of Elderly Offenders and Their Treatment —

PREFACE

NOTES

Part 1 Crime Trends in 2007

Chapter 1 Overview of Penal Code Offenses
    Section 1 Principal Data
        1 Reported cases and crime rate
        2 Persons cleared
        3 Clearance rate
    Section 2 Trends in Non-traffic Penal Code Offenses Excluding Theft
        1 Overview
        2 Homicide
        3 Robbery
        4 Injury, assault and intimidation
        5 Fraud, etc.
        6 Rape and forcible indecency
        7 Damage to property
        8 Giving and acceptance of bribes, etc.
        9 Organized crime
    Section 3 Theft
Chapter 2 Overview of Special Act Offenses
    Section 1 Principal Data
    Section 2 Principal Special Act Offenses
        1 Violations of the Minor Offenses Act, etc.
        2 Violations of the Waste Management Act, etc.
        3 Violations of the Child Welfare Act, etc.
        4 Violations of the Stalker Control Act, etc.
        5 Violations of the Public Offices Election Act
    Section 3 Offenses Related to Newly Established Acts
Chapter 3 Overview of Offenses of Various Types
    Section 1 Traffic Offenses
        1 Trends in traffic offenses
        2 Disposition by public prosecutors offices
        3 Disposition by courts
    Section 2 Financial and Economic Offenses
        1 Tax evasion
        2 Economic offenses
        3 Financial offenses
        4 Intellectual property-related offenses
        5 Bankruptcy-related offenses
        6 Newly established act-related offenses
    Section 3 High-Technology Offenses
        1 Trends in high-technology offenses
        2 Disposition by public prosecutors offices
Chapter 4 Comparison of Crime Trends with Other Countries
    Section 1 Major Offenses
    Section 2 Homicide
    Section 3 Theft
Chapter 5 Offenses Committed by and against Japanese Nationals Outside Japan
    Section 1 Offenses Committed by Japanese Nationals Outside Japan
    Section 2 Crime Victimization of Japanese Nationals Outside Japan

Part 2 Treatment of Offenders

Chapter 1 Overview
Chapter 2 Prosecution
    Section 1 Reception of Suspected Cases
    Section 2 Arrest and Detention of Suspects
    Section 3 Dispositions by Public Prosecutors Offices
Chapter 3 Trial
    Section 1 Final Judgments
        1 Defendants with a final judgement
        2 The first instance
        3 Appeals
    Section 2 Sentencing
        1 Death penalty and life imprisonment with work
        2 Imprisonment with or without work for a definite term
        3 Fines
    Section 3 Detention and Bail
Chapter 4 Correction of Adult Offenders
    Section 1 Imprisonment in Penal Institutions
        1 Rate of imprisonment of penal institutions
        2 Number of inmates of penal institutions
        3 Trends in the number of newly admitted sentenced inmates
        4 Characteristics of newly admitted sentenced inmates
    Section 2 Treatment of Sentenced Inmates, etc.
        1 Overview of treatment
        2 Work
        3 Correctional guidance
        4 Medical care and hygiene, etc.
        5 Maintenance of discipline and order
        6 Appeal system
        7 Cooperation from outside volunteers
        8 Penal Institution Visiting Committee
        9 Provision of information in regard to the release, etc. of sentenced inmates
        10 Fine defaulters in workhouses
    Section 3 Treatment of Unsentenced Inmates, etc.
Chapter 5 Rehabilitation Services
    Section 1 Parole
        1 Number of parole applications
        2 Number of parolees
        3 Proportion of served sentence terms before parole
        4 Parole of life imprisonment inmates
    Section 2 Probation/Parole Supervision
        1 Probationers/parolees under supervision
        2 Treatment of probationers/parolees
        3 Measures for probationers/parolees
        4 Termination of probation/parole supervision
    Section 3 Assistance during Supervision and Urgent Aftercare of Discharged Offenders
        1 Assistance during supervision and urgent aftercare of discharged offenders
        2 Halfway houses
    Section 4 Pardon
    Section 5 Nongovernmental Support Organizations and Crime Prevention Activities
        1 Nongovernmental support organizations
        2 Crime prevention activities
Chapter 6 International Cooperation in Criminal Justice
    Section 1 Trends in International Efforts in Criminal Justice
        1 Measures against transnational organized crimes
        2 Measures against terrorism and money laundering
        3 Measures taken by the G8 Justice and Home Affairs Ministerial Meeting
        4 Measures against drug-related offenses
        5 Measures against crimes involving children
        6 Measures against bribery and corruption
        7 Measures against cybercrime
        8 Transfer of sentenced persons
        9 The International Criminal Court
    Section 2 Transnational Fugitives and Their Extradition
        1 Transnational fugitives from Japan
        2 Extradition of fugitive offenders
    Section 3 International Assistance in Investigation and Justice
        1 Assistance in investigation, etc.
        2 Judicial assistance
    Section 4 Training Cooperation and Legal System Development Support, etc. in the field of Criminal Justice
        1 Training cooperation, etc. at UNAFEI
        2 Legal technical assistance

Part 3 Trends in Offenses by Specific Offenders and Their Treatment

Chapter 1 Foreign National Offenders
    Section 1 Trends of Foreign Nationals Entering Japan
        1 Newly entering foreign nationals
        2 Foreign nationals who are illegally overstaying
        3 Deportation
    Section 2 Trends in Crimes
        1 Penal code offenses
        2 Special act offenses
    Section 3 Treatment
        1 Disposition by public prosecutors offices
        2 Disposition by courts
        3 Correction
        4 Probation/parole supervision
Chapter 2 Offenders related to Boryokudan (Organized Crime Groups)
    Section 1 Trends in Boryokudan Members
    Section 2 Trends in Crimes
        1 Penal code offenses and special act offenses
        2 Firearm offenses
    Section 3 Treatment
        1 Dispositions by public prosecutors offices
        2 Correction
        3 Probation/parole supervision
Chapter 3 Drug Offenders
    Section 1 Trends in Crimes
        1 Stimulants Control Act violations
        2 Narcotics and Psychotropic Control Act violations, etc.
        3 Poisonous and Deleterious Substances Control Act violations
    Section 2 Crackdown
        1 Seizure of stimulants, etc.
        2 Implementation of the Act on Special Provisions for Narcotics
    Section 3 Treatment
        1 Disposition by public prosecutors offices
        2 Disposition by courts
        3 Correction
        4 Probation/parole supervision
Chapter 4 Offenders with Mental Disorder
    Section 1 Trends in Crimes
    Section 2 Status of Criminal Proceedings
        1 Disposition by public prosecutors offices and courts
        2 Correction
        3 Probation/parole supervision
    Section 3 The Act on Medical Care and Treatment for Insane Persons, etc.
        1 Hearings pertaining to public prosecutor's application
        2 Medical care by hospitalization
        3 Hearings pertaining to discharge or continuation of hospitalization
        4 Treatment in local communities
Chapter 5 Repeat Offenders
    Section 1 Clearance
        1 Repeat offenders among persons cleared for non-traffic penal code offenses
        2 Previously convicted persons among adults cleared for non-traffic penal code offenses
    Section 2 Public Prosecution and Trial
        1 Previously convicted persons among those prosecuted
        2 Revocation of suspension of execution of sentence
    Section 3 Correction
    Section 4 Probation/Parole Supervision

Part 4 Trends in Juvenile Delinquency and Treatment of Juvenile Delinquents

Chapter 1 Trends in Juvenile Delinquency
        1 Juvenile delinquency
        2 Juvenile delinquents
    Section 1 Juvenile Penal Code Offenders
        1 Number of juveniles cleared
        2 Trends by attribute
        3 Trends by type of offense
        4 Complicity cases
    Section 2 Juvenile Special Act Offenders
        1 Number of juveniles referred by the police
        2 Drug offenses
        3 Traffic offenses
    Section 3 Pre-delinquents
    Section 4 Delinquency at Home and School
        1 Family violence
        2 Violence in schools
        3 Bullying and delinquency
Chapter 2 Treatment of Juvenile Delinquents
    Section 1 Overview
        1 Flow of procedures until referred to a family court
        2 Flow of procedure at a family court
        3 Flow of treatment procedure pertaining to protective measures
        4 Flow of treatment procedure pertaining to criminal disposition
    Section 2 Disposition of Juvenile Cases by Public Prosecutors Offices and Courts
        1 Disposition by public prosecutors offices
        2 Juvenile hearing
        3 Criminal trial
    Section 3 Classification at Juvenile Classification Homes
        1 Admission and discharge
        2 Classification activities
    Section 4 Treatment of Delinquents in Juvenile Training Schools
        1 Juveniles newly admitted to juvenile training schools
        2 Treatment of juveniles in juvenile training schools
        3 Juveniles who are discharged
    Section 5 Treatment of Juvenile Prisoners
        1 Number and characteristics of juvenile prisoners
        2 Outline of treatment of juvenile prisoners
    Section 6 Probation/Parole Supervision for Juveniles
        1 Juvenile probationers/juvenile training school parolees
        2 Treatment of juvenile probationers/juvenile training school parolees
        3 Termination of probation/parole supervision
    Section 7 Trends and Treatment of Foreign National Juvenile Delinquents
        1 Trends in foreign national juvenile offenders
        2 Treatment of foreign national juvenile delinquents

Part 5 Crime Victims

Chapter 1 Actual Conditions of Crime Victims
    Section 1 Damage by Crime in Official Statistics
        1 Number of offenses involving human victims
        2 Fatal and bodily damage
        3 Property damage
        4 Damage caused by sexual offenses
        5 Relationship between victims and suspects
        6 Juvenile crime victims
    Section 2 Crime Victimization Survey
        1 Introduction
        2 Results of the third survey
        3 Fear of crime/security precautions/awareness of public safety in Japan
Chapter 2 Consideration for Victims in Criminal Justice
    Section 1 Involvement of Victims in Criminal Proceedings
        1 Grievance system against non-prosecution
        2 Victim protection, etc. in public trials
        3 System of notification to complainants and victims
        4 Enhanced consideration for victims in juvenile cases
        5 Victim adviser system
        6 Measures for victims, etc. in rehabilitation services
        7 Crime victim support services by Houterasu
    Section 2 Compensation for Crime Victims, etc.
        1 Crime victim benefits system
        2 Benefits allowance system for recovery from damage
        3 Dividends payment system for recovery from damage
        4 Automobile liability insurance systems

Part 6 Criminal Justice System Reform

    Section 1 Introduction
    Section 2 Saiban-in (Lay Judge) System
        1 Summary of Saiban-in system
        2 Trends in cases to be covered by Saiban-in trials
    Section 3 Activities of Houterasu
    Section 4 Development of the Court-Appointed Defense Counsel System

Part 7 The Circumstances and Attributes of Elderly Offenders and Their Treatment

Chapter 1 Introduction
        1 Increase in the number of elderly offenders and current status of the aging society in Japan
        2 Current status with elderly offenders
        3 Necessity for research on elderly offenders
        4 Summary of past research (1984 and 1991 White Paper on Crime)
        5 Structure of this part
Chapter 2 Trends, etc. with Elderly Offenders
    Section 1 Clearance
        1 Number of persons cleared for non-traffic penal code offenses
        2 Trends by type of offense
    Section 2 Prosecution
        1 Number of persons disposed
        2 Prosecution
        3 Suspension of prosecution
    Section 3 Trials
    Section 4 Correction
        1 Newly admitted inmates
        2 Released inmates
    Section 5 Probation/parole Supervision
        1 Changes in the number of elderly offenders
        2 Concrete image of elderly parolees
    Section 6 Elderly Victims
        1 Elderly victims and their ratio
        2 Elderly victim rate by age group
Chapter 3 Circumstances and Attributes of Elderly Offenders
    Section 1 Analysis Based on Computerized Criminal Records
        1 Introduction
        2 Summary of research subjects and research subjects of elderly offenders
        3 Elderly non-repeat/repeat offenders and their age at the time of committing offenses
        4 Characteristics of offenses by elderly offenders
    Section 2 Special Research
        1 Attributes, etc. of elderly offenders
        2 Theft
        3 Injury/assault
        4 Homicide
Chapter 4 Elderly Inmates and Probationers/Parolees
    Section 1 Actual Situation with Treatment of Elderly Inmates
        1 Summary of treatment of elderly inmates
        2 Work of elderly inmates
        3 Disciplinary punishment of elderly inmates
        4 Status of medical care, etc. for elderly inmates
        5 Consciousness of elderly inmates
        6 Conclusion
    Section 2 Actual Situation with Treatment of Elderly Probationers/Parolees
        1 Attributes, etc. of elderly probationers/parolees
        2 Acceptors and other issues of elderly probationers/parolees
        3 Conclusion
Chapter 5 Trends and Treatment of Elderly Offenders in Foreign Countries
    Section 1 Trends with Elderly Offenders
        1 Number of persons cleared/convicted/imprisoned by age group
        2 Elderly rates and rate per population (elderly) of persons cleared/convicted/imprisoned in each country
        3 Number of elderly offenders by type of offense in each country
    Section 2 Treatment of Elderly Offenders
        1 Republic of Korea
        2 Germany
Chapter 6 Conclusion
    Section 1 Cause and Background of Increase in Elderly Offenders
        1 Characteristics of recent elderly offenders revealed by special research, etc.
        2 Cause/background of increase in number of elderly offenders
        3 Analyzing factors for the increase in number of elderly offenders by major type of offense
    Section 2 Measures According to the Characteristics of Elderly Offenders
        1 Responding to various types of elderly offenders
        2 Theft (need measures and guidance responding to criminal tendencies)
        3 Injury/assault (identification and differentiated treatment of occasional offenders and habitual offenders)
        4 Homicide (elimination of risk factors through various measures for elderly mainly utilizing welfare)
        5 Necessity of comprehensive measures according to the characteristics and needs of elderly offenders
    Section 3 Conclusion

Appendix

Appendix 1-1  Number of reported cases, crime rate, number of cleared cases, clearance rate, and number of persons cleared for penal code offenses (1946–2007)
Appendix 1-2  Number of reported cases, number of cleared cases, and number of persons cleared for penal code offenses, by type of major offense (1998–2007)
Appendix 1-3  Clearance rate of penal code offenses, by type of major offense (1998–2007)
Appendix 1-4  Number of persons newly received by public prosecutors offices for special act offenses (1998–2007)
Appendix 1-5  Number of traffic accidents, number of persons killed or injured, and rate of accidents (1946–2007)
Appendix 1-6  Term of imprisonment with work sentenced for financial and economic offenses in the court of first instance (2005–2007)
Appendix 1-7  Number of reported cases and crime rate of major offenses in five countries (1980–2006)
Appendix 1-8  Number of reported cases and crime rate of homicide and theft in five countries (1988–2006)
Appendix 1-9  Clearance rate of major offenses, homicide and theft in five countries (1988–2006)
Appendix 2-1  Number of persons newly received by public prosecutors offices, by type of offense (1991–2007)
Appendix 2-2  Number of persons finally disposed by public prosecutors, by type of offense (1998–2007)
Appendix 2-3  Prosecution rate and suspended prosecution rate, by type of offense (2002–2007)
Appendix 2-4  Sentences in district courts, by type of offense (2007)
Appendix 2-5  Average daily number of inmates of penal institutions (1950–2007)
Appendix 2-6  Number of newly admitted inmates, by sex and type of offense (2007)
Appendix 2-7  Number of reimprisoned inmates, by sex and type of offense (2007)
Appendix 2-8  Frequency of imprisonment of newly admitted inmates, by type of offense (2007)
Appendix 2-9  Term of recidivism of reimprisoned inmates, by type of previous offense (2007)
Appendix 2-10  Number of inmates serving sentence of imprisonment with work at the end of the year, by term of imprisonment (As of December 31 each year in 1957–2007)
Appendix 2-11  Number of parole applications, grants, and rejections (1949–2007)
Appendix 2-12  Number of newly received probationers and parolees (1949–2007)
Appendix 3-1  Number of cleared cases and persons cleared for non-traffic penal code offenses committed by foreign nationals (1980–2007)
Appendix 3-2  Number of referred cases and persons referred for special act offenses committed by foreign nationals (1980–2007)
Appendix 3-3  Number of foreign nationals finally disposed by public prosecutors offices (1990–2007)
Appendix 3-4  Newly admitted Class F inmates by nationality and region (2005–2007)
Appendix 3-5  Number of newly received foreign probationers and parolees by nationality, etc. (2005–2007)
Appendix 3-6  Number of persons finally disposed by public prosecutors offices for drug offenses (1998–2007)
Appendix 4-1  Number and rate per population of juveniles and adults cleared for penal code offenses, and juvenile rate (1946–2007)
Appendix 4-2  Number and rate per population of juveniles cleared for non-traffic penal code offenses by age group (1966–2007)
Appendix 4-3  Number of juveniles cleared for penal code offenses, by type of major offense (1946–2007)
Appendix 4-4  Number of juveniles of illegal behavior guided for non-traffic penal code offenses, by type of major delinquency (1946–2007)
Appendix 4-5  Number of juveniles cleared for non-traffic penal code offenses, by sex, age group, and type of offense (2007)
Appendix 4-6  Number of juveniles referred from police to public prosecutors offices for special act offenses, by type of offense (1956–2007)
Appendix 4-7   Number of pre-delinquents finally disposed by family court, by type of pre-delinquency (1969–2007)
Appendix 4-8  Number of juvenile offenders aged 14–19 newly received by public prosecutors offices, by type of major offense and age group (2002–2007)
Appendix 4-9  Percent ratio of opinions by public prosecutors and final dispositions by family courts, by age group of juvenile offenders (2007)
Appendix 4-10  Number of juveniles finally disposed by family courts for juvenile cases (1975, 1985, 2003–2007)
Appendix 4-11  Number of newly admitted persons and average daily number of inmates in juvenile classification homes (1949–2007)
Appendix 4-12  Number of juveniles newly admitted to juvenile training schools, by sex and treatment programs (1949–2007)
Appendix 4-13  Number of juveniles newly admitted to juvenile training schools, by type of delinquency (2001–2007)
Appendix 6-1  Chronological Table of “Criminal Justice System Reform”