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2 Victims and rehabilitation (1)Victims and release on parole
Release on parole is granted for inmates imprisoned with or without labor when probationary supervision is considered more appropriate for their rehabilitation, based on a combined judgment of the following four factors:(i)a sense of remorse, (ii)a willingness to reform, (iii)the likelihood of recidivism, and(iv)social sentiment(see Part2, Subsection 5-2-1 ). The content of the reparation for damage to victims and the extent of efforts made for such reparation are considered in judging the sense of remorse. Also, the sentiment of victims or bereaved families is considered as part of social sentiment. Release on parole from juvenile training school is granted when the trainees have reached the highest grade of treatment and probationary supervision is considered more appropriate for their rehabilitation(see Part3, Subsection 2-6-1 ). The extent of the reparation of damage and the sentiment of victims are also considered in this judgment, according to the gravity of damage, etc. Thus, the extent of the reparation of damage is surveyed by probation officers under the direction of the regional parole boards, which consider the appropriateness of release on parole. The reparation of damage and the sentiment of victims are also considered as a item for research and necessary adjustment within the environmental adjustment for reintegration conducted by probation offices(see Part 3, Subsection 5-2-2 ). These surveys are conducted by scrutinizing related documents, interviewing inmates detained in correctional institutions, interviewing the inmates'families, and so on. In some cases where victims have been killed or injured or have suffered major property damage, probation officers or volunteer probation officers directly visit the victims(bereaved families)to survey their condition and sentiments. (2)Victims and probationary supervision Probationary supervision is intended to rehabilitate offenders and juvenile delinquents by helping them to abide by certain compliance rules and providing necessary guidance and support(see Part2,Section5-3 ). Guidance and advice on the reparation of damage are provided with due consideration for specific conditions in certain cases. These include cases in which no measures have been taken for compensation or in which continuous measures for compensation, etc. , are required as the victims have been killed or seriously injured. In particular, for parolees who have received life sentences mostly for homicide and robbery resulting in homicide, efforts are made to obtain information about victims and bereaved families and to identify their sentiments toward the offenders. Such parolees are strongly encouraged to take measures such as compensating victims and bereaved families from the start of probationary supervision. Guidance and advice on concrete action to be taken, etc. , are provided systematically and progressively, with due consideration for the sentiments of the parolees, the condition of the opposing party, etc. In the probationary supervision of persons convicted for traffic offenses including professional negligence resulting in death or bodily injury, teaching aids such as audiovisual materials and textbooks are used for group classes as well as individual guidance, to raise awareness of liability for damage. (3)Victims and amnesty The National Offenders Rehabilitation Commission conducts research on an offender's character, behavior, the likelihood of recidivism, social sentiment toward the offender and other related matters prior to making a request for individual amnesty to the Minister of Justice(see Part 2, Section 5-6 ). The sentiments of the victims(or bereaved families)are covered by the survey under social sentiment. The director of a probation office, etc. , submits a written statement for amnesty to the Commission based on a comprehensive judgment, taking into consideration the fact that there is room for extenuation in the circumstances of the crime, that the person is considered to feel deep remorse and lead a sound social life with no likelihood of recidivism, and that the sentiments of victims(or bereaved families)and society have been appeased. When submitting a written statement, a survey is conducted on the extent of damage caused by the offense and the repercussions thereof, the content of compensation made by the offender, the living condition of the victims(or bereaved families)to the present time, etc. |