1 Trends in Offenses Related to Bankruptcies(see Fig. VI-4 )
  The number of persons newly received by public prosecutors offices for obstruction of execution showed a general downward trend after reaching a record high of163in1958. It has, however, remained within the30s and40s since 1996,when it exceeded40for the first time in nine years. The number stood at46in1999,up by7from the previous year.
  The number of persons newly received for obstruction of auction showed a downward trend in general after peaking at317in1950. However, it has been in an upward trend since 1994,when it exceeded200for the first time in37years, subsequently reaching a record high of469in1997. The number stood at279in1999,down by37from the previous year.
  The number of persons newly received for Bankruptcy Law violations followed a downward trend after reaching a record high of57in1968until1995,when it began to show signs of turning upwards. The number stood at24in1999,up by15from the previous year.

Fig. VI-4 Trends in Number of Persons Received by Public Prosecutors Offices for Obstruction of Execution, Obstruction of Auction, and Bankruptcy Law Violations(1949-1999)

2 Disposition of Offenses Related to Bankruptcies
(1)Disposition by public prosecutors offices(see Table VI-4 )
  This subsection deals with trends in final disposition by public prosecutors offices over the last five years. The prosecution rate for obstruction of execution has remained within the30%and40%ranges, but a relatively high percentage of suspects were not prosecuted due to reasons other than suspension of prosecution(such as insufficient suspicion).
  The prosecution rate for obstruction of auction has been showing an upward trend within the40%and50%ranges.
  The prosecution rate has been in an upward trend for Bankruptcy Law violations, reaching50.0%in1999. However, the ratio of suspects who were not prosecuted for reasons other than suspension of prosecution, such as insufficient suspicion, was even higher than for obstruction of execution.
(2)Adjudication by courts
  This section covers sentencing against suspects who were sentenced to imprisonment with labor in the five-year period from1994to1998. No convicts for obstruction of execution have been sentenced to imprisonment without suspension of sentence. For Bankruptcy Law violations, however, the ratio of imprisonment without suspension of sentence exceeds40%on average, including those who were sentenced to imprisonment with labor for three years without suspension of sentence. For obstruction of auction, the ratio has remained in the10%range since 1995.
3 Result of Survey on Auction Obstruction Cases
  The Research and Training Institute of the Ministry of Justice has conducted a survey based on judgment documents and case records to identify the characteristics and sentencing of offenses related to bankruptcies. The survey covered cases for which conviction for obstruction of auction was made between January1,1994and December31,1998,as well as the defendants involved in those cases. In total, the survey covered68cases and124persons.

Table VI-4 Number of Persons Disposed by Public Prosecutors Offices for Obstruction of Execution, Obstruction of Auction, and Bankruptcy Law Violations(1955,1965,1975,1985,1995-99)

(1)Attributes of persons covered(see Table VI-5 )
  The age of the persons covered at the start of the offence was relatively high, as41.1%of them were already in their40s. By profession, the majority of the convicts had managerial status in a corporation, as attested by the fact that directors of corporations or associations and the self-employed accounted for46.8%and22.6%of the convicts, respectively.
  Half of the convicts had some relationship with an organized crime group or right-wing group, while the other half had no connection with such groups. Organized crime group members accounted for29.8%of the convicts.

Table VI-5 Relationship of Persons Surveyed with Organized Crime and Right-Wing Groups, by Profession and Status

(2)Criminal techniques
  False claim to the leaseholder's right on property held as security was the most common technique for obstruction of auction. This was followed by physical occupation of property held as security, and posting, installation, etc. , of demonstrative objects on property held as security(such as posting the sign of an organized crime group).
  The involvement of persons related to organized crime or right-wing groups was confirmed in approximately80%of the cases covered by the survey. Of the cases where the defendants themselves were related to organized crime or right-wing groups and other persons related to such groups were also involved, physical occupation(78.8%)and the posting/installation of demonstrative objects(69.7%)were most commonly used as criminal techniques.
(3)Sentencing
  Of the107persons(in58cases)who were convicted only for obstruction of auction or another charge related thereto,13.4%of those who were legally eligible for suspended sentences were sentenced to imprisonment without suspension of sentence.
  As regards these107persons,8.9%of those who had no relationship with organized crime or right-wing groups received sentences without suspension of sentence, whereas the ratio was as high as53.8%for organized crime group leaders and38.9%for other group members. This implies that the relationship of defendants themselves with organized crime groups, etc. , was taken into consideration in the sentencing of the cases.