I.Definition of Offenses and Terms 1.Definition of offenses
(1)Unless mentioned otherwise,the term"penal code offense"means an offense prescribed by the Penal Code(Law No.45of1907)and the following special laws.
(i) Explosives Control Law(Cabinet Order No.32of1884);
(ii) Law on Duels(Law No.34of1889);
(iii) Law on the Punishment of Revenue Stamp Crimes(Law No.39of1909);
(iv) Law on the Punishment of Physical Violence and Others(Law No.60of1926);
(v) Law on the Prevention and Punishment of Burglary,Robbery,Larceny,etc.(Law No.9of1930);
(vi) Law on the Punishment of Unlawful Seizure of Aircraft(Law No.68of1970);
(vii) Law on the Punishment of Crimes Relating to Environmental Pollution Which Adversely Affects the Health of Persons(Law No.142of1970);
(viii) Law on the Punishment of Acts Causing Aviational Danger(Law No.87of1974);
(ix) Law on the Punishment of Coercion and Other Related Acts Committed by Those Having Taken Hostages(Law No.48of1978);and
(x) Law on the Punishment of Organized Crime,Control of Crime Proceeds and Other Matters(Law No.136of1999).
(2)The term"professional negligence"means professional or gross negligence resulting in death or injury.
(3)The term"professional negligence in traffic accidents"means professional or gross negligence resulting in death or injury by traffic accidents.
(4)The term"non-traffic penal code offense"means penal code offenses excluding professional negligence in traffic accidents.
(5)The term"special law offense"means an offense against penal provisions other than the laws listed in(1).
(6)The term"violations of road traffic related laws"mean violations of the following laws.
(i) Road Traffic Law(Law No.105of1960);and
(ii) Law on Securing Vehicle Parking Spaces(Law No.145of1962).
(7)The term"violations of four statute traffic related laws"means violations of road traffic related laws and violations of the following laws.
(i) Road Trucking Vehicle Law(Law No.185of1951);and
(ii) Automobile Liability Insurance Law(Law No.97of1955)
(8)The term"violations of other traffic laws"means"violations of four statute traffic related laws"and offenses prescribed by the following laws.
(i) Road Trucking Law(Law No.183of1951)
(ii) Road Law(Law No.180of1952)
(iii) National Expressway Law(Law No.79of1957)
(iv) Law on Vehicle Parking Space(Law No.106of1957)
(v) Law on Special Measures Concerning the Prevention of Traffic Accidents by Large Automobiles for Transportation of Earth,Sand,etc.(Law No.131of1967)
(vi) Law on Special Measures for Promoting Proper Taxi Services(Law No.75of1970)
(vii) Freight Transporting Business Law(Law No.82of1989)
(viii) Trucking Business Law(Law No.83of1989)
(ix) Law on the Prevention of Studded Tire Dusts(Law No.55of1990);and
(x) Law for Promoting Proper Alternative Driver Services(Law No.57of2001)
(9)The basic categories of Penal code offenses listed in(1)include the following types of offense variations,unless specified otherwise.
(i) attempt;
(ii) preparation;
(iii) incitement[MSOffice1]and accessoryship[MSOffice2];
(iv) offenses aggravated by results of a crime including robbery resulting in death or injury;
(v) forms of offenses aggravated or mitigated based on professions,purposes,or titles,prescribed in the Penal Code other than professional negligence;and
(vi) aggravated forms of offenses prescribed in the Law on the Prevention and Punishment of Burglary,Robbery,Larceny,etc.
(10)The following Penal code offense categories include the offenses in parentheses.
(i) homicide(instigation or assistance in suicide[MSOffice3]and homicide[MSOffice4]in consent);
(ii) robbery(homicide or rape on the occasion of robbery);
(iii) robbery resulting in death(homicide on the occasion of robbery)
(iv) injury(helping hands at the crime scene of injury);
(v) intimidation(compulsion[MSOffice5]);
(vi) obstruction of performance of public duty[MSOffice6](destruction of seals,etc.);and
(vii) counterfeit[MSOffice7](counterfeit[MSOffice8]of various documents,making a false entry in an officially authenticated notarized deed[MSOffice9],etc.,and the utterance[MSOffice10]of these documents).
(11)In Part1,Chapter5and Part4,Chapter6,"homicide","larceny","robbery","injury",and"rape"in France,Germany,U.K.and U.S.A.mean as follows.
(i) Homicide
France:Homicide,tentative d'homicide
Germany:Mord,Totschlag,Totung auf Verlangen(including attempt)("Kindestotung"(including attempt)was included until1998.)
U.K.:Murder,manslaughter,infanticide,attempted murder
U.S.A.:Murder,nonnegligent manslaughter(excluding attempt)(The terrorist attacks on September11,2001were excluded.)
(ii) Larceny
France:Vol avec violence,vol excluding recel
Germany:Diebstahl ohne erschwerende Umstande,Diebstahl unter erschwerenden Umstanden
U.K.:Theft,burglary
U.S.A.:Larceny-theft,motor vehicle theft,burglary
(iii) Robbery
France:Vol a main armee(arme a feu),vol avec violence sans arme a feu
Germany:Raub,raberische Erpressung,raberischer Angriff auf Kraftfahrer
U.K.:Robbery
U.S.A.:Robbery
(iv) Injury
France:Coups et blessures volontaires
Germany:Gefarliche und schwere Koperverletzung,vorsatzliche leichte Koperverletzung
U.K.:Wounding or other act endangering life,other wounding,etc.
U.S.A.:Aggravated assault
(v) Rape
France:Viol
Germany:Vergewaltigug,sexuelle Notigung
U.K.:Rape,unlawful sexual intercourse with a girl under16
U.S.A.:Forcible rape
[Note]
Where the data source is the Criminal Statistics by National Police Agency:
(1)The term"Penal code offenses"excludes violations of
(i) Law on the Punishment of Revenue Stamp Crimes;and
(ii) Law on the Punishment of Crimes Relating to Environmental Pollution which Adversely Affects the Health of Persons,
but includes violations of
(i) Law Punishing the Use of Molotov Cocktails(Law No.17of1972)
(ii) Law for Special Measures Concerning Prevention of Mixing Toxic Substances into Distributed Foods(Law No.103of1987)
(iii) Law on Prevention of Physical Injury by the Use of Sarin,etc.(Law No.78of1995)
(iv) Law Punishing a Person in Public Office who Gains Profits by the Good Offices(Law No.130of2000);and
(v) Law Punishing the Financing,etc.for Offenses Purposing to Intimidate Public,etc.(Law No.67of2002).
(2)The terms"violence"and"intimidation"include offenses provided in Article1and Article1-3of the Law on the Punishment of Physical Violence and Others,and the term"injury"includes offenses provided from Article1to Article1-3of the relevant Law.
(3)The term"destruction of objects"includes concealment of a letter and violations of Article1and Article1-3of the Law on the Punishment of Physical Violence and Others.
(4)The term"professional negligence in traffic accidents"includes non-professional negligence resulting in death or injury related to traffic accidents on the roads.
(5)The term"special law offense"includes violations of
(i) Law on the Punishment of Revenue Stamp Crimes;and
(ii) Law on the Punishment of Crimes Relating to Environmental Pollution which Adversely Affects the Health of Persons,
but excludes violations of
(i) Law Punishing the Use of Molotov Cocktails
(ii) Law for Special Measures Concerning Prevention of Mixing Toxic Substances into Distributed Foods
(iii) Law on Prevention of Physical Injury by the Use of Sarin,etc.
(iv) Law Punishing a Person in Public Office who Gains Profits by the Good Offices;and
(v) Law on the Punishment of Financing of Offenses of Public Intimidation.
Where the data source is the Annual Report of Judicial Statistics:
(6)The term"penal code offenses"excludes violations of the following laws.
(i) Law on the Punishment of Revenue Stamp Crimes
(ii) Law on the Punishment of Unlawful Seizure of Aircraft
(iii) Law on the Punishment of Crimes Relating to Environmental Pollution which Adversely Affects the Health of Persons
(iv) Law on the Punishment of Acts Causing Aviational Danger
(v) Law on the Punishment of Coercion and Other Related Acts Committed by Those Having Taken Hostages;and
(vi) Law on the Punishment of Organized Crime,Control of Crime Proceeds and Other Matters.The term"special law offense"includes violations of these laws.
2.Definition of terms
(1)"Number of reported cases"refers to the number of cases which occurrence came to known to the police or other investigative authorities through incident reports,complaints,charges or other causes.
(2)"Crime rate"means the number of reported cases per100,000persons.
(3)"Number of cleared cases"refers to the number of cases that are cleared.The number includes cases disposed by police as minor offenses etc.in addition to those cases referred to prosecutors.
(4)"Number of persons cleared"refers to the number of offenders cleared by police or other investigative authorities.
(5)"Number of referred cases"refers to the number of cases referred to prosecutors by the police and other investigative authorities.
(6)"Number of persons referred"refers to the number of offenders in the cases referred to prosecutors by the police and other investigative authorities.
(7)"Clearance rate"refers to the percentage of the number of cleared cases per the number of reported cases.
Since"cleared cases"sometimes includes cases reported previous to the year before,the"clearance rate"sometimes exceeds100.0%.
(8)"Number of persons newly received by public prosecutors offices"refers to the number of offenders received by public prosecutors directly or through judicial police officers(including special judicial police officers and inspectors of the National Tax Agency).
(9)"Prosecution rate"refers to the percentage of the number of offenders prosecuted per the sum of the number of offenders prosecuted and not prosecuted.
(10)"Suspended prosecution rate"refers to the percentage of the number of offenders granted suspension of prosecution per the sum of the number of offenders prosecuted and granted suspension of prosecution.
(11)"Court of first instance"refers to ordinary public trial procedures at the courts of first instance.
(12)The term"final disposition",in prosecutorial context,refers to the disposition of a case by prosecutors,except transfer between Public Prosecutors Offices or suspension of investigation.In court procedural context,it refers to the disposition of a case by courts,except transfer or reference between courts(In Part4,accessory cases as well).
(13)"Suspended execution rate"refers to the percentage of the number of offenders granted suspension of execution of sentence per the number of offenders sentenced to imprisonment with or without labor for a limited term.
(14)"Visiting foreign nationals"refer to foreign nationals staying in Japan other than permanent residents,special permanent residents,those connected with U.S.forces based in Japan,and those with unclear status of residence.Where the data source is the Criminal Statistics by National Police Agency or the Criminal Investigation Bureau,the term refers to foreign nationals staying in Japan other than established residents(permanent residents,etc.),those connected with U.S.forces based in Japan,and those with unclear permanent residency status.
(15)"Female rate"refers to the rate of females to the total of males and females.
(16)"Juvenile rate"refers to the rate of juveniles(under20years of age)to the total of juveniles and adults.
(17)Juvenile
(i) The term"junior juvenile"refers to a person14years of age and over but under16years of age.
(ii) The term"intermediate juvenile"refers to a person16years of age and over but under18years of age.
(iii) The term"senior juvenile"refers to a person18years of age and over but under20years of age.
(18)The term"commitment to the support facility for development of self-sustaining capacity or commitment to children's home"refers to a final disposition to juvenile by family courts.The reference to the term in the context prior to March31,1998includes commitment to reform schools for juvenile delinquents and to residential care institutions for children.
(19)The terms"percent distribution"and"ratio"refer to percentage,unless specified otherwise.
(20)Correctional institutions include prisons,juvenile prisons,detention houses,juvenile training schools,juvenile classification homes and a women's guidance home.Among them,prisons,juvenile prisons,and detention houses are collectively called"penal institutions."
3.Abbreviation of special laws
The following abbreviations are used in this paper for the main Japanese special laws.In figures and tables,the term"violation"is omitted for special law offenses except in titles and notes.
[Abbreviation][Law] Law Punishing a Person who Gains Profits by the Good Offices Law for Punishing a Person in Public Office who Gains Profits by the Good Offices(Law No.130of2000)
Foreign Exchange Law Foreign Exchange and Foreign Trade Control Law(Law No.228of1949)
Alien Registration Law Alien Registration Law(Law No.125of1952)
Marine Pollution Prevention Law Law on the Prevention of Marine Pollution and Maritime Disaster(Law No.136of1970)
Loan Business Control Law Loan Business Control Law(Law No.32of1983)
Pollution Crime Law Law on the Punishment of Crimes Relating to Environmental Pollution which Adversely Affects the Health of Persons(Law No.142of1970)
Law against Child Prostitution and Pornography Law for Punishing Act Related to Child Prostitution and Child Pornography,and for Protecting Children(Law No.52of1999)
Firearms and Swords Control Law Law to Control the Possession of Firearms and Swords(Law No.6of1958)(including the Cabinet Order to Control the Possession of Firearms and Swords(Cabinet Order No.334of1950))
Investment Law Law on Regulation,etc.of Receiving of Capital Subscription,Deposits and Interest on Deposits,etc.(Law No.195of1954)
Anti-Organized Crime Law Law on the Punishment of Organized Crime,Control of Crime Proceeds and Other Matters(Law No.136of1999)
Poisonous and Deleterious Substances Control Law Poisonous and Deleterious Substances Control Law(Law No.303of1950)
Anti-Monopoly Law Law on Prohibition of Private Monopoly and Maintenance of Fair Trade(Law No.54of1947)
Specified Commercial Transactions Law Specified Commercial Transactions Law(Law No.57of1976)
Immigration Control Law Immigration Control and Refugee Recognition Law(Cabinet Order No.319of1951)
Wastes Disposal Law Wastes Disposal and Public Cleaning Law(Law No.137of1970)
Adult Entertainment Law Law Regulating Adult Entertainment Businesses,etc.(Law No.122of1948)
Unauthorized Computer Access Law Law on Prohibition of Unauthorized Computer Access(Law No.128of1999)
Physical Violence Law Law on the Punishment of Physical Violence and Others(Law No.60of1926)
Vehicle Parking Spaces Law Law on Securing Vehicle Parking Spaces(Law No.145of1962)
Law on Special Provisions for Narcotics Law on Special Provisions for the Law to Control Narcotics and Psychotropic Substances,etc.and Other Matters for the Prevention of Activities Encouraging Illicit Conducts and Other Activities Involving Controlled Substances through International Cooperation(Law No.94of1991)
Narcotics and Psychotropics Control Law Narcotics and Psychotropics Control Law(Law No.14of1953)
Public Drunkenness Prevention Law Law for the Prevention of the Act of Causing Public Nuisance by Drunkenness,etc.(Law No.103of1961)
Worker Dispatch Law Law for the Proper Operation of Worker Dispatch Business and the Improvement of Working Conditions of Dispatched Workers,etc.(Law No.88of1985)
4.Abbreviation of country names
The following abbreviations are used in the text as well as in figures and tables.
[Region][Conventional Short Form][Conventional Long Form] Asia Bangladesh People's Republic of Bangladesh
China People's Republic of China
Iran Islamic Republic of Iran
Japan Japan
South Korea Republic of Korea
(North Korea) (Democratic People's Republic of Korea)
Pakistan Islamic Republic of Pakistan
Philippines Republic of the Philippines
Singapore Republic of Singapore
Thailand Kingdom of Thailand
Vietnam Socialist Republic of Viet Nam
Oceania Australia Commonwealth of Australia
Africa Nigeria Federal Republic of Nigeria
Europe France French Republic
Germany Federal Republic of Germany
United Kingdom United Kingdom of Great Britain and Northern Ireland
Russia Russian Federation
North America United States of America United States of America
South America Brazil Federative Republic of Brazil
Colombia Republic of Colombia
Peru Republic of Peru
[Notes]
(1)Conventional short forms of names of countries are based on the"Table of Country Names"compiled by the Ministry of Foreign Affairs.
(2)Japan has not recognized North Korea.However,since North Korea has become a member of the United Nations,we listed the name in parentheses.
II.Data Sources 1.Type of statistical materials
Statistics,figures,tables and other calculated data are provided by following Bureaus of the Ministry of Justice;Criminal Affairs,Correction,Rehabilitation,Human Rights and Immigration.Data are also obtained from various researches and surveys conducted by relevant agencies,as well as from the following official statistics.
-Annual Report of Criminal Statistics on Police(Criminal Investigation Bureau,National Police Agency)
-Annual Report of Statistics on Prosecution(Judicial System Department,Minister's Secretariat,Ministry of Justice)
-Annual Report of Judicial Statistics(General Secretariat of the Supreme Court)
-Annual Report of Statistics on Correction(Judicial System Department,Minister's Secretariat,Ministry of Justice)
-Annual Report of Statistics on Rehabilitation(Judicial System Department,Minister's Secretariat,Ministry of Justice)
-Annual Report of Statistics on Immigration Control(Judicial System Department,Minister's Secretariat,Ministry of Justice)
[Notes]
(1)Criminal Statistics by National Police Agency were entitled"Criminal Statistics"until1963and renamed"Crime in19xx(various years)"in1964.For the purpose of this paper,both of them are referred to as"Criminal Statistics by National Police Agency."
(2)Statistical data up to1972do not include the data of May14,1972and prior to the date of Okinawa Prefecture.
(3)Statistical data for1989cover cases that occurred from January1to January7,1989.
(4)All data sources are indicated using the names of ministries and agencies after the reorganization of central government ministries and agencies in January2001.
2.Coverage of statistical materials
Statistical materials cover the period up to2004and available data at July2005.
For those statistical data for2004those were not available in form of official publication at the time of drafting,we used raw data offered by the relevant agencies.Those data are provisional in nature and may differ from the corresponding data in the subsequent publication.In such cases,the White Paper on Crime would correct the relevant figures in the White Paper on Crime for the coming years.In addition,we will do so accordingly with any change within the official statistical publications.
III.Presentation of Figures and Tables 1.Numbering of figures and tables
The numbering of figures and tables are indicated in the order of the part,chapter,section(for example,Fig.2-4-2-3indicates Part2,Chapter4,Section2,Figure3.).
2.Calculation method
The percent distribution,indices,etc.,in statistical figures and tables are rounded off.Therefore,the figures for percent distribution may not add up to100.0.
3.Presentation of values,etc.
(1)Numerical values,etc.,in tables are presented as follows:
(i)"-" zero in number or not applicable or the percentage thereof
(ii)"0" number that does not reach one when rounded off
(iii)"0.0" percent distribution that does not reach0.1when rounded off
(iv)"..." data/statistical materials not available,or when the parameter is zero
(2)Numerical values in figures are presented as follows:
(i)"0" zero in number or not applicable.
(ii)"0.0" percent distribution that does not reach0.1when rounded off.
IV.Other In the White Paper on Crime,"treatment"refers to treatment that persons cleared by police or other investigative authorities receive at each stage of prosecution,trial,correction,and rehabilitation.
Each treatment for offenders related to crimes taken up in Part1,Chapter3,Sections1and2and Part1,Chapter4(excluding Sections3and6)is introduced in Part2,Chapter6.Each treatment by prosecution and trial for offenders related to crimes taken up in Part1,Chapter3,Section3to Section6and in Part1,Chapter4,Section3is introduced in each section respectively.