3 Treatment in correctional institutions

If a conviction becomes final without suspension of execution of the sentence, the punishment is then executed under the directions of a public prosecutor. Imprisonment with or without work or misdemeanor imprisonment without work are executed at a penal institution.

Inmates are provided with work, guidance for reform, and guidance through school courses at penal institutions as correctional treatment in thereby raising their motivation to be reformed/rehabilitated and developing the ability to adapt to society’s norms. Offenders unable to pay fine or petty fine imposed upon them are detained in workhouses attached to penal institutions to thereby work off their debt (detention in workhouse in lieu of payment of fines).

The management and operation of penal institutions and the treatment of sentenced inmates and inmates awaiting judgment, etc. have conventionally been based on the Prison Act (Act No. 28 of 1908). Establishment of the Act on Penal Institutions and the Treatment of Sentenced Inmates (Act No. 50 of 2005; hereinafter referred to as the “Inmates Treatment Act”; enforced on May 24, 2006) and subsequent revision of the said act (by Act No. 58 of 2006; the title of the said act was changed to the Act on Penal Detention Facilities and Treatment of Inmates and Detainees (hereinafter referred to as the “Penal Detention Facilities Act”); enforced on June 1, 2007), however, resulted in the above mentioned management/operation and treatment being based on the said act.