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(5) Restoration of rights A status that was annulled or suspended, as stipulated by law following the pronouncement of a guilty verdict is restored.
In terms of the method of implementation, meanwhile, pardons can be broadly divided into (1) Cabinet Order pardons, in which types of offense and sentence, standard dates, etc. , are stipulated by Cabinet Order, and which are carried out uniformly for all persons concerned(general pardon, reduction of sentence, restoration of civil rights), and(2) individual pardons which are granted after individual examination of specific persons(special pardon, reduction of sentence, remission of execution of sentence, and restoration of civil rights). Individual pardons can be further divided into regular pardons and special criteria pardons. The former can be granted at any time, but the latter are usually only carried out for a fixed period based on criteria decided by the Cabinet, for persons who were omitted from the conditions of a Cabinet Order pardon on the implementation of the same, etc. Sometimes, however, these are implemented in isolation, irrespective of any Cabinet Order pardon. For an individual pardon to be granted, public prosecutor, warden of correctional institution, or Chief Probation Officer makes a recommendation for pardon to the Central Parole Board, through its own authority or based on an application from the person in question. The Board then examines this, and if it considers pardon to be appropriate, it applies to the Minister of Justice for a pardon. The Minister of Justice calls a Cabinet Meeting, at which the pardon may be decided. The pardon is finally validated by the approval of the Emperor. Table II-30 shows the number of persons granted normal pardons by Cabinet Decision in 1999, by applicant and type. Under restoration of rights, a status that was annulled or suspended as stipulated by law is restored when a person who has already been rehabilitated is hindered from pursuing social activities due to a restriction of status resulting from having a criminal record. Remission or stay of execution of sentence is granted mainly as a measure for terminating probation for life sentence parolees. Both of these measures(restoration of rights and Remission of execution of sentence)play a role in criminal justice policies designed to promote the rehabilitation of these individuals. Table II-30 Persons granted normal pardons, by applicant and by type (1999) |