White paper on crime 2015

NOTES

[OFFENSES AND TERMS]

I. Definition of Offenses and Terms

1. Penal Code offenses

The term “Penal Code offense” refers to those offenses prescribed by the Penal Code (Act No. 45 of 1907) and following special Acts, unless mentioned otherwise. ^{n1(2)-(6), n3 and n4}

• • (i) Explosives Control Act (Cabinet Order No. 32 of 1884);
  • (ii) Act Relating to Duels (Act No. 34 of 1889);
  • (iii) Act on Punishment of Crimes Related to Stamps (Act No. 39 of 1909);
  • (iv) Act on Punishment of Physical Violence and Others (Act No. 60 of 1926);
  • (v) Act on Prevention and Punishment of Robbery and Theft (Act No. 9 of 1930);
  • (vi) Act on Punishment of Unlawful Seizure of Aircraft (Act No. 68 of 1970);
  • (vii) Act on Punishment of Crime to Cause Pollution Harmful for Human Health (Act No. 142 of 1970);
  • (viii) Act on Punishment of Acts to Endanger Aviation (Act No. 87 of 1974);
  • (ix) Act on Punishment of Compulsion and Other Related Acts Committed by Those Having Taken Hostages (Act No. 48 of 1978);
  • (x) Act on Punishment of Organized Crimes and Control of Crime Proceeds (Act No. 136 of 1999); and
  • (xi) Act on Punishment of Acts to Cause Death or Injury by Driving (Act No. 86 of 2013).

• (1) The basic categories of Penal Code offenses include following types of offense variations, unless specified otherwise.
  • (i) attempt;
  • (ii) preparation;
  • (iii)inducement and accessoryship;
  • (iv) offenses aggravated by results of an offense such as robbery causing death or injury;
  • (v) forms of offenses aggravated or reduced the punishment based on the types of social activities, purposes, or titles, as prescribed in the Penal Code; and
  • (vi) offenses aggravated the punishment prescribed in the Act on Prevention and Punishment of Robbery and Theft
• (2) The following Penal Code offense categories include those offenses mentioned in the parentheses, unless specified otherwise.
  • (i) homicide (inducing or aiding suicide and homicide with consent);
  • (ii) robbery (homicide or rape at the scene of a robbery);
  • (iii)robbery causing death (homicide at the scene of a robbery);
  • (iv) injury (incitement of injury);
  • (v) intimidation (compulsion);
  • (vi) theft (taking unlawful possession of real estate);
  • (vii) obstruction of performance of public duty (destruction of seals, etc.);
  • (viii) counterfeit (counterfeit of documents, etc., false entries in the original of notarized deeds, etc., and the uttering of these documents); and
  • (ix) abuse of authority (assault and cruelty by special public officers).
• (3) The term “negligent driving offenses causing death or injury” refers to offenses to cause death or injury through negligence in vehicle driving and are punishable under the Paragraph 2, Article 211 of the Penal Code (before its amendment (Act No. 86 of 2013) to delete the offense, the same shall apply hereinafter), negligence in the pursuit of social activities, or gross negligence. In 2014, it also includes offenses provided in Article 4, Article 5, and Paragraphs 3 and 4 of Article 6 of the Act on Punishment of Acts to Cause Death or Injury by Driving (hereinafter “Act on Fatal/Injurious Driving”). ^{n1(7) and n2}
• (4)The term “dangerous driving causing death or injury” refers to offenses provided in Article 208-2 of the Penal Code, before its revision (Act No. 86 of 2013) to delete the offense. In 2014, it also includes offenses provided in Article 2, Article 3, and Paragraphs 1 and 2 of Article 6 of the Act on Fatal/Injurious Driving.
• (5) The term “non-traffic Penal Code offense” refers to Penal Code offenses excluding negligent driving offenses causing death or injury, unless specified otherwise.ⁿ²

2. Special Acts offenses

The term “special Acts offenses” refers to offenses violating penal provisions of Acts other than those mentioned above in 1, and include violations of ordinances. ^{n1(1) and n4}

• (1) The term “traffic-related violations” refers to violations of the following Acts.
  • (i) Road Traffic Act(Act No. 105 of 1960);and
  • (ii) Act on Assurance of Car Parking Spaces and Other Matters (Act No. 145 of 1962).
• (2) The term “violations of four traffic-related Acts” refers to “traffic-related violations” and violations of the following Acts.
  • (i) Road Transport Vehicle Act (Act No. 185 of 1951);
  • (ii) Automobile Liability Security Act (Act No. 97 of 1955);
• (3) The term “violations of traffic-related Acts” refers to “violations of four traffic-related Acts” and violations of the following Acts.
  • (i) Road Transportation Act (Act No. 183 of 1951);
  • (ii) Road Act (Act No. 180 of 1952);
  • (iii) National Highway Act (Act No. 79 of 1957);
  • (iv) Parking Lot Act (Act No. 106 of 1957);
  • (v) Act on Special Measures concerning Prevention of Traffic Accident Caused by Large-Sized Automobiles Carrying Earth, Sand and Others (Act No. 131 of 1967);
  • (vi) Act on Special Measures concerning Regulation of Taxi Services (Act No. 75 of 1970);
  • (vii) Consigned Freight Forwarding Business Act (Act No. 82 of 1989);
  • (viii) Motor Truck Transportation Business Act (Act No. 83 of 1989);
  • (ix) Studded Tires Regulation Act (Act No. 55 of 1990); and
  • (x) Act on Regulation of Substitute Driving Service (Act No. 57 of 2001).

[Notes]

n1. Where the data source is the Criminal Statistics of the National Police Agency:

• (1) The violations of following acts are included in the special Acts offenses:
  • (i) Act on Punishment of Crimes Related to Stamps; and
  • (ii) Act on Punishment of Crime to Cause Pollution Harmful for Human Health,
• (2) The violations of following Acts are included in the Penal Code offenses:
  • (i) Act on Punishment of Use and Others of Molotov Cocktails (Act No. 17 of 1972);
  • (ii) Act on Special Measures concerning Prevention of Toxic Contamination of Food Distributed through Marketing Channels (Act No. 103 of 1987);
  • (iii) Act on Prevention of Bodily Harm by Sarin and Similar Substances (Act No. 78 of 1995);
  • (iv) Act on Punishment of Public Officials' Profiting by Exerting Influence(Act No. 130 of 2000); and
  • (v) Act on Punishment of the Financing of Criminal Activities for the Purpose of Intimidation of the General Public and of Governments (Act No. 67 of 2002).
• (3) The term “assault”, “intimidation”, and “damage to property” include aggravated offenses provided in Article 1 and Article 1-3 of the Act on Punishment of Physical Violence and Others, and the term “injury” includes aggravated offenses provided in Article 1-2 and Article 1-3 of the said Act.
• (4) The term “theft” does not include unlawful possession of real estate.
• (5) The term “damage to property” includes concealment of letters.
• (6) The term “violations of the Act on Punishment of Physical Violence and Others” is limited to offenses provided in Articles 2 and 3 of the said Act.
• (7) The term “negligent driving offenses causing death or injury” refers to the negligent offenses causing death or injury committed in the context of traffic offenses on the roads.

n2. Where the data source is the Annual Report of Statistics on Prosecution, the term “negligent driving offenses causing death or injury” excludes the offenses of negligence in pursuit of social activities and/or gross negligence causing death or injury ifnot occurred in the context of traffic offenses bya car ora motorcycle.

n3. Where the data source is the Annual Report of Statistics on Correction or Annual Report of Statistics on Rehabilitation, the term “assault” includes unlawful assembly with weapons.

n4. Where the data source is the Annual Report of Judicial Statistics, the term “Penal Code offenses” excludes offenses to violate following Acts:

• • (i) Act on Punishment of Crimes Related to Stamps;
  • (ii) Act on Punishment of Unlawful Seizure of Aircraft;
  • (iii) Act on Punishment of Crime to Cause Pollution Harmful for Human Health;
  • (iv) Act on Punishment of Acts to Endanger Aviation;
  • (v) Act on Punishment of Compulsion and Other Related Acts Committed by Those Having Taken Hostages;
  • (vi) Act on Punishment of Organized Crimes and Control of Crime Proceeds; and
  • (vii) Act on Fatal/Injurious Driving
• The term “Special Acts offenses” includes violations of these Acts.

II. Definition of terms

1. Police

• (1) “Number of reported cases” refers to the number of cases the police or other investigative authorities came to know of the occurrence through incident reports, complaints, accusation or other leads.
• (2) “Crime rate” refers to the number of reported cases per 100,000 populations.
• (3) “Number of cleared cases” refers to the number of cases cleared by the police or other investigative authorities. The number includes cases disposed by the police such as trivial offenses as well as those referred to public prosecutors.
• (4) “Clearance rate” refers to the percentage of the number of cleared cases among the number of reported cases. Since “cleared cases” includes cases reported in previous year, the “clearance rate” may exceed 100%.
• (5) “Number of persons cleared” refers to the number of persons cleared by the police or other investigative authorities.
• (6) “Number of referred cases” refers to the number of cases referred to public prosecutors by the police or other investigative authorities.
• (7) “Number of persons referred” refers to the number of persons referred to public prosecutors by the police or other investigative authorities.

2. Prosecution and Courts

• (1) “Number of persons received by public prosecutors” refers to the number of suspects of the cases directly detected or received by public prosecutors or referred from judicial police officers (which includes special judicial police officers and internal inspectorsof the National Tax Agency).
• (2) “Prosecution rate” refers to the percentage of the number of persons prosecuted among the sum of the number of persons prosecuted and not prosecuted.
• (3) “Suspended prosecution rate” refers to the percentage of the number of persons granted suspension of their case to be prosecuted among the sum of the number of persons prosecuted and whose prosecution suspended.
• (4) “Rate of prosecution for trial” refers to the percentage of the persons prosecuted for a trial proceedings among the sum of the persons prosecuted (which includes summary proceedings) and not prosecuted.
• (5) “Court of first instance” refers to ordinary trial procedures at district courts and summary courts.
• (6) The term “conclusive disposition”, where the data is from the Annual Report of Prosecution, refers to the disposition of a case by prosecutors, excluding transfer of the case between Public Prosecutors Offices or disposition to suspend the investigation. Where the data is from the Annual Report of Judicial Statistics or the General Secretariat of Supreme Court, it refers to the disposition of a case by courts, excluding transfer of the case between courts (in Part 3, also to exclude cases consolidated and are not included as disposed cases).
• (7) “Suspended execution rate” refers to the percentage of the number of persons granted the suspension of the execution of their sentences for imprisonment among the number of persons sentenced to imprisonment with or withoutwork for adefinite term.

3. Correction and Rehabilitation

• (1) “New inmates” refers to inmates newly admitted to penal institutions each year for reasons such as execution of their finalized sentence, and the meaning is equivalent to “newly admitted inmates” in the Annual Report of Statistics on Correction.
• (2) The term “first time inmate” refers to a person imprisonedina penal institution for the first time.
• (3) The term “reimprisoned inmate” refers to a person who had been imprisoned in a penal institution before.
• (4) “Parole rate” refers to the percentage of the number of inmates released on parole among the total number of inmates released on completion of the term of imprisonment and inmates released on parole.
• (5) “Probation rate” refers to the percentage of the number of persons granted suspension of execution of their sentence for imprisonment and placed under probation among the number of persons granted suspension of execution of the sentence with or without probation.

4. Juvenile

• (1) Juvenile
  • (i) The term “junior juvenile” refers to a person aged 14 or 15;
  • (ii) The term “intermediate juvenile” refers to ab person aged 16 or 17; and
  • (iii) The term “senior juvenile” refers to a person aged 18 or 19.
• (2) Juvenile delinquent
  • (i) The term “juvenile offender” refers to a juvenile who committed an offense (aged 14 or older at the time of the offense);
  • (ii) The term “juvenile offender under 14” refers to a juvenile younger than 14 who has violated laws and regulations of criminal nature; and
  • (iii) The term “pre-delinquent” refers to a juvenile with the existing circumstances such as the propensity not to submit to legitimate supervision by the Custodian and in light of personality or environment of the juvenile, he/she deemes likely to commit a crime or violate laws and regulations of criminal nature in the future.
• (3) “Referral to a children's self-reliance support facility/foster home” used in the conclusive disposition by a family court before March 31, 1998 may include referral to the facilities of similar function before the rename.
• (4) “Juveniles newly admitted to juvenile training schools” refers to juveniles newly admitted to juvenile training schoolsbytherulingtoreferthejuveniletoajuveniletrainingschool,and themeaningisequivalenttothe “newly admitted juveniles in juvenile training schools” in the Annual Report of Statistics on Correction.

5. Others

• (1) The terms “percent distribution” and “proportion” refer to percentage.
• (2) “pt” refers to the difference between the rates.
• (3) “Rate per population” refers to the rate of persons in a specific group per 100,000 persons of the group population.
• (4) “Female rate” refers to the rate of females to the total of males and females.
• (5) “Juvenile rate” refers to the rate of juveniles to the total of juveniles and adults.
• (6) “Elderly” or “elderly person” refers to a person aged 65 or older.
• (7) “Visiting foreign nationals” refers to foreign nationals staying in Japan other than permanent residents, special permanent residents, those connected with the U.S. forces based in Japan, and whose status of residence are unclear. If the data source is the Criminal Statistics of the Criminal Investigation Bureau of the National Police Agency, the term refers to foreign nationals staying in Japan other than established residents (permanent residents, spouse or other dependencies of permanent residents and special permanent residents), those connected with the U.S. forces based in Japan, and whose status of residence are unclear.
• (8) “Previous conviction” refers to previous conviction bya finaljudgement.
• (9) “Treatment” refers to the treatment of those persons cleared for an offense in subsequent stages of prosecution, court, correction and/or rehabilitation.

[DATA SOURCES]

I. Type of statistical materials

Statistics, figures, tables and other calculated data are provided by the following bureaus/department of the Ministry of Justice; Judicial System Department of Minister's Secretariat, Criminal Affairs Bureau, Correction Bureau, Rehabilitation Bureau and Immigration Bureau. Data are also obtained from various researches and surveys conducted by relevant agencies, as well asfrom the following official statistics.

• Criminal Statistics of the National Police Agency
  (Criminal Investigation Bureau, National Police Agency)
• Annual Report of Statistics on Prosecution
  (Judicial System Department, Minister's Secretariat, Ministry ofJustice)
• Annual Report of Judicial Statistics
  (General Secretariat, the Supreme Court)
• Annual Report of Statistics on Correction
  (Judicial System Department, Minister's Secretariat, Ministry ofJustice)
• Annual Report of Statistics on Rehabilitation
  (Judicial System Department, Minister's Secretariat, Ministry ofJustice)

[Notes]

• (1) “Population Census” and “Population Estimates” compiled by the Ministry of Internal Affairs and Communications are collectively referred to as the “Statistics Bureau, Ministry of Internal Affairs and Communications (population data)”.
• (2) The statistical data up to 1972 do not include the data of Okinawa Prefecture until May 14, 1972.
• (3) All data sources are indicated using the names of Ministries and agencies after the reorganization of central government Ministries and agencies in January 2001.
• (4) Translations in the English version of White Paper on Crime are not official and are to be considered solely as reference. For any legal terminologies, users should consult the original Japanese texts.

II. Coverage of statistical materials

Statistical materials available by the end of July 2015are used to record the figures up to the year 2014.

Those 2014 data yet available from official publication at the time of drafting this edition of the White Paper on Crime are based on the raw data offered by relevant agencies. As these data are provisional in nature, if the data in the subsequent official publication differ from this Paper, subsequent edition will make corrections as necessary. The same applies in the case of any change made within the official statistical publications.

[PRESENTATION OF FIGURES AND TABLES]

I. Numbering of figures and tables

The numbering of figures and tables is indicated in the order of the Part, Chapter and Section (for example, Fig. 2-4-3-1 indicates Figure 1 of Section 3, Chapter 4 and Part 2) of this English version of the White Paper on Crime 2015 and does not necessarily correspond to the numbering of figures and tables in the full text of respective Japanese version.

II. Presentation of values, etc.

1. Numerical values, etc. in tables are presented as follows:

• • (i) “-” zero in number or not applicable
  • (ii) “0” number that does not reach one when rounded off
  • (iii) “0.0” proportion that does not reach 0.1 when rounded off
  • (iv) “...” data/statistical materials not available, or when the parameter is zero

2. Numerical value in figures are presented as follows:

• • (i) “0” zero in number or not applicable
  • (ii) “0.0” proportion that does not reach 0.1 when rounded off

[CALCULATION METHOD]

The proportion and percentage, etc. are rounded off to the first decimal places. Therefore, the sum of the composition rates may not add up to 100.0.

In addition, the sum or difference of each proportion is calculated by first adding or subtracting values and then rounding off the resulting value.Thus, the value may not match the value calculated by first rounding off each value and then adding or subtracting rounded off values.

For example, when calculating the difference between 12.76 and 7.53, this Paper first subtracts 7.53 from 12.76 and then rounds off the value 5.23 to obtain the result of 5.2, not subtracting the rounded off value of 7.5 from the rounded off value of 12.8 (which yields 5.3.).