(8) Information to victims Victims may hear proceedings on criminal cases, which are held on fixed dates in open courts. Information is provided to victims, such as notification of the result of disposition of the case and inspection or copy of trial records, etc.
a System of notification to complainants and victims When a public prosecutor prosecutes or makes a disposition of non-prosecution on a case for which a complaint has been made, the public prosecutor shall promptly inform the complainant of that effect. In the case of a disposition of non-prosecution, the public prosecutor shall inform the complainant of the reason for such disposition when so requested. In addition, a system of notification to victims was introduced in public prosecutors offices in 1991 to inform particular persons including victims of the results of disposition and trial in the cases concerned. A uniform system of notification to victims, etc. was introduced nationwide in April 1999. This system covers cases in which victims have been killed or other serious cases, as well as cases for which public prosecutors have interviewed victims, etc. In such cases, victims are asked whether they need notification on the cases concerned, and notification shall be made to them if they express such need or specifically request information. Notification includes the result of disposition on the case, the dates fixed for public trial, and the result of judgment. At the request of victims, etc., a summary of facts concerning the offense charged, the principal reasons for non-prosecution, the progress of a public trial and other information may also be included in the notification. Since March 1, 2001, notification may include, under the "Implementation Guidelines for the System of Notification to Victims, etc.", the due time in which execution of imprisonment with or without labor or penal detention is to be terminated or the date when the offender was released on parole or upon completion of the sentence of imprisonment at the request of victims, etc., attorneys at law as their representatives, or witnesses. Furthermore, since October 1, 2001, notification could be also given regarding the scheduled due time when the imprisoned persons would be released. Including the notification regarding the witness, etc., the notification was given from October, 2000 until September, 2001, as follows: 35,188 cases in total regarding the disposition of the case, 17,355 cases in total regarding the date fixed for the public trial, and 20,096 cases in total regarding the result of the criminal trials. The notification was given from October, 2001 until May, 2002, as follows: 25,930 cases in total regarding the disposition of the case, etc., 13,547 cases in total regarding the date fixed for the public trial, and 16,971 cases in total regarding the result of trials. And the notification was given regarding the due time when the imprisoned persons would be released to 70 victims and witnesses, etc. in total. (Source: Criminal Affairs Bureau of the Ministry of Justice). As for the police, the "Victim Liaison System" was introduced in July, 1996 to provide crime victims, etc. with information related to criminal investigation on offenses including homicide, etc.
b Inspection of criminal case records Final records on criminal cases may in principle be made public for inspection. In addition, under the Law Concerning Measures Accompanying Criminal Proceedings to Protect Crime Victims, etc., courts with jurisdiction over pending criminal cases may allow victims to inspect or copy the records of a lawsuit for which judgment has not become final yet, if the victims request such inspection or copying between the date fixed for the first public trial and the closing of the lawsuit, and the courts find sufficient grounds to grant such request. In contrast, records of cases of non-prosecution shall not be disclosed in principle. However, it is provided that they may be disclosed when disclosure is deemed to be appropriate to protect public interest or for other reasons. In recent years, as social interest in the problems faced by crime victims has increased, it has become important to give due considerations to victims, and take necessary measures to protect them. In light of this, the Ministry of Justice has developed new guidelines for disclosure of the records of non-prosecution cases to victims, etc. According to the guidelines, objective evidence may be made public for inspection or copying, to the extent that such inspection or copying will not obstruct criminal investigation or the proceedings of public trials on related cases, or will not invade the privacy of any persons concerned, provided that such inspection or copying is deemed to be necessary for the victims to exercise their rights to claim compensation for damage or other rights in civil lawsuits to recover the damage. Such objective evidence includes on-the-spot investigation reports, investigation reports on taking photographs and post-mortem examination reports, and they are deemed not to be substitutive. Or, when few adverse effects are recognized to the extent that it cannot be said that there exists no substitutive nature, inspection or copying of the evidence can be possible regarding cases other than traffic accidents.
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