1 Procedure before referral to family courts

(1) Juvenile offenders

When a judicial police official investigates a juvenile’s case and considers that the juvenile has committed an offense, the official shall refer the case to a family court if it involves an offense that is only punishable with a fine or less severe penalty, or to a public prosecutor if it involves an offense that is punishable with a more severe penalty, unless the case concerns a violation of the Road Traffic Act and hansokukin (administrative fine) was paid in accordance with the traffic infraction notification system. A public prosecutor investigates the case and then refers it to a family court if the prosecutor considers that an offense has been committed or there are any other reasons to subject the case to a family court hearing.

(2) Juvenile offenders under 14 and pre-delinquents

A family court may subject juvenile offenders under 14 and pre-delinquents under 14 years of age to a hearing only when a prefectural governor or a child consultation center’s director refers the juvenile to the family court.

Police officers may investigate a case when there is probable cause to suspect that a juvenile under 14 has committed an offense. The police shall refer the case to the director of a child consultation center if, as a result of the investigation, they consider that the act of the juvenile involved a specific serious offense.

When juvenile offenders under 14 violate laws or regulations involving specific serious offenses, the prefectural governor or the director of a child consultation center is required, in principle, to refer the case to a family court. The governor or the director shall also refer a juvenile to a family court if it is considered appropriate to refer the juvenile to a family court hearing.

A person who discovers a pre-delinquent aged 14 or older must notify the family court of the discovery.