Fig. III-21 shows the flow of treatment of juvenile delinquents.
  When the police and other authorities clear a juvenile offender(excluding cases related to the payment of administrative fines for traffic infractions), the case is referred directly to a family court(for offenses liable to fines or lesser punishment), or to a public prosecutor(for other offenses)(see Part3, Chapter 1 for the definition of juvenile offenders, juveniles of illegal behavior and pre-delinquent juveniles). Following the referral, the public prosecutor completes the investigation. Then, the public prosecutor refers the case to a family court with an opinion on treatment if the suspicion of any offense is found, or if sufficient ground is found to submit the case to a hearing by a family court for pre-delinquency, etc. , even when there is no suspicion of offense.
  The public prosecutor may not request detention, except in unavoidable circumstances. When such detention is required, the judge may detain the juvenile in a juvenile classification home. Instead of a request for detention, the public prosecutor may request the judge for protective detention of the juvenile. In this case, the juvenile is confined to a juvenile classification home according to the warrant issued by the judge.
  As for juveniles of illegal behavior and pre-delinquent juveniles aged less than14,priority is given to measures under the Child Welfare Law. In principle, anyone who has discovered a child without a guardian or who is deemed inappropriate to be placed under the custody of a guardian should notify the case to a prefectural welfare office or child guidance center. A family court may subject the juvenile to a hearing only when the case is referred by the prefectural governor or the director of a child guidance center.
  Anyone who has discovered a pre-delinquent juvenile aged14or over should, in principle, notify the case to a family court. A police officer or a guardian may directly notify a case to a child guidance center if a pre-delinquent juvenile is less than18years old, and the police officer or guardian recognizes that measures under the Child Welfare Law should first be applied to the juvenile rather than direct referral or notification to a family court.
  The family court that has received the case may order a family court probation officer to interview the juvenile, guardians and witnesses, and conduct other necessary investigations concerning the behavior, background, predisposition, environment, etc. , of the juvenile, guardians and other persons concerned. When necessary for conducting a hearing, the family court, by a decision of protective detention, may require classification on predisposition by committing the juvenile in question to a juvenile classification home for a certain period of time. The commitment of a juvenile to a juvenile classification home may not exceed two weeks, in principle. Although the term of commitment may be renewed only once when special circumstances require continued detention, the period may not exceed four weeks in total. The juvenile classification home conducts classification on the predisposition of the juvenile committed, based on medical science, psychology, pedagogy, sociology and other scientific expertise. The result of the classification is submitted to the family court.

Fig. III-21 Flowchart of Treatment Proceedings for Juvenile Offenders and Delinquents

  The family court terminates the case by making a decision for dismissal without a hearing if, in light of the result of investigations, it determines that it is impossible or inappropriate to subject the juvenile to a hearing. If the court determines that a hearing should be conducted on the juvenile, it makes a decision for commencement of a hearing. If the hearing leads the court to determine that it is impossible or unnecessary to place the juvenile under protective measures, it has to make a decision for dismissal after a hearing.
  Hearings in family courts are closed to the public. The juvenile, guardians and attendants are summoned on the date of hearing. The family court probation officer is also required to be present, in principle. In addition, relatives of the juvenile, teachers and other persons deemed appropriate may be allowed to attend the hearing. Although probation officers and volunteer probation officers, as well as educational officers and technical officers working for the juvenile classification home, may express their opinion with the permission of the judge, no public prosecutor may be present at the hearing.
  With the permission of the family court, the juvenile and guardians may appoint any person as an attendant. Such permission is not required, however, to appoint an attorney in private practice as an attendant. Guardians may themselves serve as attendants with the permission of the court.
  If the family court determines, after the hearing, that it is appropriate to place the juvenile under protective measures, it makes an adjudication of probationary supervision, commitment to a facility for development of self-sustaining capacity or a childcare facility, or commitment to a juvenile training school. The family court may also place the juvenile under tentative supervision(that is, direct supervision by a family court probation officer)for a certain period of time, if it deems such supervision necessary to adjudicate on the protective measures to be taken.
  Against the adjudication on protective measures, the juvenile, or his or her legal representative or attendants, may make an appeal only on the ground of violation of any law or regulation that affects the adjudication, grave error in facts influential on the judgment, or serious unfairness of the disposition. (An attendant may not make an appeal against the clearly expressed intention of the guardians who appointed the attendant. )
  If the family court determines, in light of the result of the investigations or hearing, that measures under the Child Welfare Law are appropriate, it refers the case to the prefectural governor or the director of child guidance center. When the case involves a capital offense or an offense punishable with imprisonment with or without labor, the family court refers the case to a public prosecutor if it determines that criminal disposition is appropriate. (The court may not refer a case to a public prosecutor when it involves a juvenile less than16years of age at the time of referral. )The latter procedure is also known as transfer. After receiving the transfer, the public prosecutor, in principle, institutes public prosecution.
  Subsequently, the prosecuted juvenile is subjected to the same procedure for treatment as an adult. However, some special provisions are applicable to juvenile offenders. For instance, a life sentence is imposed on offenders under the age of18at the time of offense when the death penalty is appropriate, and10-15years'imprisonment with or without labor is imposed instead of a life sentence. When imprisonment with or without labor for not less than three years would otherwise be imposed, this is reduced to an intermediate sentence(defining the minimum and maximum term of imprisonment)within the scope of the applicable penalty. Moreover, juveniles less than18years of age who are sentenced to imprisonment with labor for two months or longer are imprisoned separately from other convicts.
  In principle, juveniles subjected to probationary supervision by family court adjudication are supervised by probation officers and volunteer probation officers in order to receive necessary guidance and support for their improvement and rehabilitation. Measures such as the cancellation of probationary supervision are taken for juveniles who are no longer considered to pose any threat of recidivism due to stabilization of behavior during this period.
  A juvenile committed to a facility for development of self-sustaining capacity or to a childcare facility is received by the facility concerned. Facilities for development of self-sustaining capacity are intended to provide necessary guidance for children who have committed or are likely to commit misdemeanors, as well as supporting their self-reliance. Childcare facilities are designed to provide protective care for children without guardians, abused children, etc. , and to support their reliance.
  A juvenile committed to a juvenile training school is admitted to a specific type of training school--primary, middle, advanced or medical--for progress toward rehabilitation with correctional education. The juvenile is placed under probationary supervision after being released on parole from the school.
  Other juveniles to be placed under probationary supervision include those who have been granted suspended execution of sentence, as well as those who have been released on parole from prison after execution of sentence in juvenile prisons or other correctional facilities.
  In March1999,a Bill for Partial Amendment to the Juvenile Law was presented to the Diet to further promote the fairness of fact-finding procedures in hearings for juveniles. The bill envisaged the introduction of a discretionary collegiate court system, the involvement of public prosecutors and attorneys in private practice acting as attendants in hearing, and an extension of the period of protective detention, among others. Although discussion on the bill was to be resumed in the next session of the Diet, it never came to fruition as the House of Representatives was dissolved in June2000.