Chapter 2 Consideration for Victims in Criminal Justice
Section 1 Criminal Proceedings and Victims People who have suffered damage due to crime, or victims of crime, are lawfully entitled to make complaints and request that the offender be punished. Relief measures have also been established for cases of non-prosecution by public prosecutors offices. Consideration is given to the victim's situation and sentiment in the course of criminal proceedings, that is, the victim's suffering and wish for punishment of the offender are taken into account in judging the necessity of prosecution under the principle of discretionary prosecution as well as sentencing in trials. Other supportive measures include direct relief to victims by the government to a specified extent, if the victims cannot receive compensation for damage from the perpetrators due to their lack of ability to pay compensation. In addition to these measures, the Law for Partial Amendment to the Code of Criminal Procedure and the Law for the Inquest of Prosecution (Law No. 74 of 2000, enforced from June in 2000 until June in 2001) and the Law Concerning Measures Accompanying Criminal Proceedings to Protect Crime Victims, etc. (Law No. 75 of 2000, enforced from November in 2000) were promulgated on May 19, 2000, in order to give more appropriate consideration for and further protection of victims. Thus, the system to respect the wishes of the victims and to protect the rights thereof has been expanded. Including such legal measures, this section will outline how the wishes of victims are reflected in criminal proceedings and how their status and position are protected.
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