Chapter 3 Criminal Procedure for Juveniles

A public prosecutor must institute prosecution regarding a case referred to the public prosecutor by a family court if the prosecutor considers that there is sufficient suspicion to institute prosecution. The criminal procedure for prosecuted juveniles is basically the same as adults. A court shall, by a ruling, transfer a case to a family court if it is found appropriate to subject the juvenile defendant to protective measures as a result of the examination of the facts. If a juvenile is to be punished with imprisonment with or without work for a definite term with the maximum term of three years or more, the juvenile must be given a sentence within the maximum and minimum imprisonment terms determined by statute (indeterminate sentence; the minimum and maximum terms cannot exceed five and 10 years, respectively) unless suspension of execution of sentence is ordered. If a person who is under 18 at the time of commission of an offense is sentenced to death, life imprisonment shall be imposed. If a person who is under 18 at the time of the commission of an offense is sentenced to life imprisonment, imprisonment with or without work for a definite term may be imposed. In this case, the term of imprisonment imposed shall be neither less than 10 years nor more than 15 years.