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 White paper on crime 2004 Part1/Chapter1/Section5/4. 

4. Bankruptcy-related offenses

  Fig. 1-1-5-8 shows the numbers of persons newly received by public prosecutors over the last10years for obstruction of compulsory execution,obstruction of auction or bids(including bid-rigging provided in Clause2,Article96-3of the Penal Code),and Bankruptcy Law(Law No.71of1922)violations.

Fig. 1-1-5-8 Numbers of persons newly received by public prosecutors for obstruction of compulsory execution,obstruction of auction or bids,and Bankruptcy Law violation(1994-2003)

  Table 1-1-5-9 shows the numbers of persons prosecuted or not prosecuted by public prosecutors over the last five years for obstruction of compulsory execution,obstruction of auction or bids(including bid-rigging provided in Clause2,Article96-3of the Penal Code),and Bankruptcy Law violations.
In 2003,formal trials were requested for16persons for obstruction of compulsory execution,formal trials for98persons and summary orders for30persons for the obstruction of auction or bids,and formal trials for six persons for Bankruptcy law violations(Source:Annual Report of Statistics on Prosecution).
  In addition,formal trials were requested for four persons for Civil Rehabilitation Law(Law No.225of1999)violations in2003(Source:Annual Report of Statistics on Prosecution).

Table 1-1-5-9 Numbers of persons prosecuted/not prosecuted for obstruction of compulsory execution,obstruction of auction or bids,and Bankruptcy Law violations(1999-2003)

  Bankruptcy-related offenses usually occur over the collection of bad debts.Collection of bad debts held by failing financial institutions has become one of the biggest problems in the Japanese economy in particular.Under the Deposit Insurance Law(Law No.34of1971)and the Law Concerning Emergency Measures for the Revitalization of the Financial System(Law No.132of1998),the Resolution and Collection Corporation(hereinafter referred to as the"RCC")purchases bad debts from failing financial institutions and other financial institutions to collect and resolve them.
  In order to rigorously pursue criminal responsibility for offenses related to collection of bad debts held by failing financial institutions,directors of the RCC should take necessary actions for prosecution of such offenses under the Law.In FY2003,the RCC brought charges in a total of21cases(50persons),seven cases(17persons)of which were for fraud,five cases(13persons)for obstruction of auction or bids,four cases(11persons)for obstruction of compulsory execution,three cases(seven persons)for making an untrue entry in the original of an officially authenticated electromagnetic instrument,etc.,one case(one person)for Bankruptcy Law violations,and one case(one person)for forgery of private documents with seal(Source:Data by Deposit Insurance Corporation).