Fig.1-3-3-8 shows the numbers of persons newly received by public prosecutors offices over the last10years for obstruction of compulsory execution,obstruction of auction(including bid-rigging),and Bankruptcy Law(Law No.71of1922before abolition under Law No.75of2004)violations.
  Responding to an increase in the number of bankruptcy cases,a new Bankruptcy Law(Law No.75of2004)was enacted in2004and was enforced in January2005,aiming for prompt and fair liquidation of property.The Law newly established penal provisions for breach of duty to disclose important property of a bankrupt when starting bankruptcy proceeding,and for demanding a meeting forcibly with a bankruptee after starting bankruptcy proceeding with the purpose of collecting debt.

Fig.1-3-3-8  Numbers of persons newly received by public prosecutors offices for obstruction of compulsory execution,obstruction of auction,and Bankruptcy Law violations(1995-2004)

  Table1-3-3-9 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(including bid-rigging),and Bankruptcy Law violations.
  In2004,ten persons prosecuted were indicted and five were put on summary trial procedures for obstruction of compulsory execution.A total of117persons prosecuted were indicted and61were put on summary trial procedures for the obstruction of auction(including bid-rigging).Two persons prosecuted for Bankruptcy Law violations were indicted(Source:Annual Report of Statistics on Prosecution).

Table1-3-3-9  Numbers of persons prosecuted or not prosecuted for obstruction of compulsory execution,obstruction of auction,and Bankruptcy Law violations(2000-2004)

  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.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(RCC)purchases bad debts from financial institutions and collect them.
  The RCC should take necessary actions to file a complaint with a public prosecutor in order to fight back against offenses related to the collection of bad debts held by failing financial institutions under the Law.In FY2004,the RCC brought charges in a total of18cases(36persons),seven cases(nine persons)of which were for obstruction of auction,six cases(12persons)for fraud,four cases(14persons)for obstruction of compulsory execution,and one case(one person)for Bankruptcy Law violations(Source:The Deposit Insurance Corporation).