Section 3 Disposition in Public Prosecutors Offices
Prosecution by public prosecutors includes indictment and a request for the summary trial procedure. Reasons for non-prosecution dispositions include [1] a lack of the conditions needed for prosecution (lack, invalidity, or withdrawal of a complaint, charge, or request, etc. in the case of offenses indictable upon a complaint), [2] the case cannot be proved to be an offense (including the case of insanity), [3] the suspicion of the person having committed the offense cannot be proved (lack of or insufficient evidence). In addition, [4] even if the suspicion of the person having committed the offense can be proved, public prosecutors can suspend prosecution when prosecution is deemed unnecessary in light of the character, age, or circumstances of the suspect, the seriousness and nature of the offense, and change in the circumstances after the offense.
Fig. 2-2-3-1 shows the percent distribution of persons finally disposed in public prosecutors offices by disposition, number of persons indicted, and indictment rate over the last 10 years.
Of 1,710,862 persons finally disposed in public prosecutors offices in 2008 (including juveniles), the number of those indicted was 119,795 (7.0%), that of those placed on the summary trial procedure was 468,162 (27.4%), that of those granted suspension of prosecution was 890,758 (52.1%), that of those not prosecuted for other reasons was 75,789 (4.4%), and that of those referred to family courts was 156,358 (9.1%). The number of persons indicted had been increasing every year from 1995, but started to decrease in 2005. In 2008 it decreased by 5,992 persons from the previous year (See Appendix 2-2).
Fig. 2-2-3-1 Percent distribution of persons finally disposed in public prosecutors offices by disposition and number of persons indicted, etc. (1999–2008)
Fig. 2-2-3-2 shows the number of persons finally disposed in public prosecutors offices who were prosecuted, granted suspension of prosecution, or not prosecuted for other reason and prosecution rate by type of offense over the last 10 years (See Appendix 2-3).
Fig. 2-2-3-2 Number of persons prosecuted/not prosecuted, etc. by type of offense (1999–2008)
Table 2-2-3-3 shows the number of persons not prosecuted in 2008 by reason (limited to cases for non-traffic penal code offenses and special act offenses excluding violations of road traffic related acts).
Table 2-2-3-3 Number of persons not prosecuted by reason (2008)
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