Fig.4-4-1-1 illustrates the flow of treatment procedure for juvenile offenders and delinquents.

Fig.4-4-1-1  Flowchart of treatment procedure for juvenile offenders and delinquents

  When the police or other authority clear a juvenile offender aged14-19(excluding cases related to the payment of non-penal fines for traffic violations,see Chapter2 of this Part for the definition of juvenile offenders,juveniles of illegal behavior,and status offenders(pre-delinquents)),the case is referred directly to a family court for offenses liable to fines or lighter punishment,or to a public prosecutor for offenses for which they are liable to imprisonment or capital punishment as well as in general cases.
  After the referral,the public prosecutor must complete the investigation of the case and then refer the case to a family court if any offense is suspected,or if any reason for a hearing at a family court is acknowledged even when there is no suspicion of any offense.When the public prosecutor refers the case to the family court,he/she can offer an opinion on the treatment of the juvenile.
  The public prosecutor may request detention only in unavoidable circumstances in suspected juvenile cases.When such detention is required,a judge may detain the juvenile in a juvenile classification home.Instead of a request for detention,the public prosecutor may request a judge for protective detention for juveniles(commitment to a juvenile classification home).In this case,the juvenile is detained at a juvenile classification home based on the warrant issued by the judge.

  As for juveniles of illegal behavior and status offenders(pre-delinquents)under14years of age,priority is given to measures under the Child Welfare Law.In principle,anyone who has discovered a child without a guardian or a child who is deemed inappropriate to be placed in the custody of his/her guardian should notify a municipal or prefectural welfare office or child guidance center as to the case.A family court may subject such juvenile to a hearing only when it receives a referral from the prefectural governor or the director of the child guidance center.
  Anyone who has discovered a status offender(pre-delinquent)aged14or over should,in principle,notify a family court as to the case.A police officer or a guardian may directly notify a child guidance center as to the case if the status offender(pre-delinquent)is under18years of age,as long as the police officer or guardian deems it more appropriate to handle the case first using measures under the Child Welfare Law than to directly notify or refer the case to a family court.

  After receiving a case,the family court must investigate the case and may order a family court probation officer to interview the juvenile,guardians and witnesses,and to conduct other necessary investigations.These investigations should be conducted concerning the behavior,background,predisposition,and environment etc.of the juvenile,the guardians and other persons concerned,making much of expertise in medicine,psychology,pedagogy,sociology,and other academic fields,and should carefully consider the results of classification by a juvenile classification home,in particular.When necessary for conducting a hearing,the family court,making a disposition of protective detention,may require classification on predisposition by transferring the juvenile in question to a juvenile classification home.
  The juvenile classification home detains the transferred juvenile and conducts classification on the predisposition of the juvenile based on expertise in medicine,psychology,pedagogy,and sociology,etc.
  If the family court determines,in light of the results of the investigation,that measures under the Child Welfare Law are appropriate,it refers the case to the prefectural governor or the director of a child guidance center.The family court terminates a case by making a decision of dismissal without a hearing if it determines that it is impossible or inappropriate to subject the juvenile to a hearing.If the court determines that a hearing should be conducted on the juvenile,it makes a decision to commence such hearing.

  Each hearing at a family court is generally performed by a single judge.However,if it is decided by a collegiate court body to perform a hearing by a collegiate court body,the collegiate court body of judges handles the hearing.A hearing at a family court must be closed to the public and performed in a cordial manner and in a relaxed atmosphere,and must encourage the delinquent juvenile to think introspectively on his/her own delinquency.On the date of the hearing,the juvenile and his/her guardians are summoned.A family court probation officer may also be required to be present,if necessary.In addition,relatives of the juvenile,teachers and other persons deemed appropriate may be allowed to attend the hearing.
  With the permission of the family court,the juvenile and guardians may appoint a person other than a lawyer as an attendant.To appoint a lawyer as an attendant,such permission is not required.Guardians may themselves serve as attendants with the permission of the court.Attendants may attend the hearing.
  The family court may decide to have a public prosecutor attend the hearing if it recognizes that it is necessary for a public prosecutor to become involved in the procedure of the hearing to verify the facts of the delinquency related to any offense committed by a juvenile offender aged14-19in which a victim was killed through the offender's intentional criminal act or any other offense committed by a juvenile offender that is punishable by the death penalty,life imprisonment,or imprisonment with or without labor for a minimum period of2years or over.In such cases,if the juvenile does not have a lawyer as an attendant,the family court must assign a public attendant to the juvenile.
  The family court may also place the juvenile under tentative supervision,which is to prompt a family court probation officer to directly supervise the juvenile for a certain period of time,if it deems such supervision necessary to determine appropriate protective measures.Furthermore,if it is deemed necessary,the family court may take necessary measures such as admonition,guidance and so on at the investigation or hearing in order to ensure that guardians recognize their responsibility for the custody of the juvenile and take action to prevent delinquency,or may order a family court probation officer to take such measures.
  If the hearing leads the court to determine that it is impossible or unnecessary to place the juvenile under protective measures,it has to make a decision to dismiss the juvenile after the hearing.
  If the family court determines that measures under the Child Welfare Law are appropriate,it refers the case to the prefectural governor or the director of a child guidance center.When the case involves an offense punishable by the death penalty or an offense punishable by imprisonment with or without labor,the family court refers the case to a public prosecutor if it determines that criminal disposition is appropriate.Also,as for cases in which victims died due to intentional criminal acts that were committed by a juvenile at the age of16or over,the family court must refer such a case to a public prosecutor,except for a case where measures other than criminal dispositions are considered as more appropriate in light of the motives and type of offense,situations after the offense,the personality,age,behavior and environment of the juvenile and other conditions.In cases other than these,the family court has to make decision of protective measures such as a disposition of probation,commitment to a support facility for development of self-sustaining capacity,or a children's home(for those under18),or commitment to a juvenile training school(for those aged14or over).
  The juvenile,or his/her legal representative or attendant,may make an appeal against the disposition of a protective measure within two weeks,only on the grounds of a violation of any law or regulation that affects the disposition,a grave error in the fact-finding process that influences the disposition,or serious unfairness of the disposition(However,an attendant must not make an appeal against the clearly expressed will of the guardians who appointed the attendant).In cases where it is decided to involve a public prosecutor in a case,the prosecutor may request that a high court accept the case as an appeal case against the disposition to take or not to take protective measures within two weeks,only on the grounds of a violation of any law or regulation that affects the disposition or a grave error in the fact-finding process.

  A juvenile committed to a juvenile training school is admitted to one type of training school-primary,middle,advanced or medical-according to his/her age,seriousness of crime prone tendency,and physical or mental disorder,etc.,and follow a path for rehabilitation through correctional education there.A juvenile should be placed under parole supervision after being released on parole from the JTS based on a decision by the Regional Parole Board.

  In principle,a juvenile placed under probation by a family court's disposition comes under the supervision of a probation officer and a volunteer probation officer,and receives necessary guidance and support for his/her improvement and rehabilitation until he/she reaches20years of age.Measures such as early discharge from probationary supervision can be taken for a juvenile who is regarded to be no longer liable to commit offenses again in consideration of the improvement of his/her behavior during the period.

  A juvenile committed to a support facility for development of self-sustaining capacity or a children's home is accommodated and treated by each of these facilities,which were established under the Child Welfare Law.

  The public prosecutor that receives referral of the case from a family court must institute public prosecution in principle.A prosecuted juvenile is subject to the same procedure as adults.However,special provisions are applicable to juvenile offenders.For instance,life imprisonment may be imposed on an offender who was under the age of18at the time of the offense even if the death penalty is appropriate for the offense.Similarly,imprisonment with or without labor for10years or over but under15years may be imposed instead of life imprisonment.Furthermore,when imprisonment with or without labor for the maximum period not less than three years should be imposed,an indeterminate sentence(where the minimum and maximum term of imprisonment are defined;the minimum term and the maximum term must not exceed five years and ten years,respectively)within the scope of the penalty may be imposed.

  Juveniles who were sentenced to imprisonment with or without labor may serve their sentences in a juvenile prison or a segregated area in a prison.Any juvenile under16may serve his/her sentence at a juvenile training school until he/she reaches16years of age.In this case,even if the juvenile was sentenced to imprisonment with labor,he/she will not be subject to labor during this period and will instead receive correctional education at a juvenile training school.

  A juvenile who was sentenced to life imprisonment is eligible for parole after serving seven years(those who were under18at the time of committing the offenses and thus were sentenced to life imprisonment instead of the death penalty are eligible for parole after serving ten years)and those who were under18at the time of committing the crime,and thus,were sentenced to imprisonment for a fixed term instead of life imprisonment are eligible for parole after serving three years,and those who had adjudicated an indeterminate sentence are eligible for parole after serving one third of the minimum term of the sentence.Those who are released on parole from juvenile prisons or other institutions based on a decision by the Regional Parole Board after serving their sentences are also placed under parole supervision during the remainder of the sentence.
  Furthermore,those who are granted suspension of execution of sentence with probationary supervision are placed under supervision during the period of suspension.