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White paper on crime 2006

- New Trends of Criminal Policy -

PREFACE

NOTES

Part 1Crime Trends in 2005

Chapter 1Overview of Penal Code Offenses
    Section 1Principal Data
        1Reported cases and crime rate
        2Persons cleared
        3Clearance rate
    Section 2Trend in Non-traffic Penal Code Offenses Excluding Theft
        1Overview
        2Homicide
        3Robbery
        4Fraud/Extortion
        5Counterfeiting of currency
        6Giving and acceptance of bribes
        7Organized crime
    Section 3Theft
Chapter 2Overview of Special Act Offenses
    Section 1Principal Data
    Section 2Principal Special Act Offenses
        1Violations of the Minor Offenses Act, etc.
        2Violations of the Child Welfare Act, etc.
        3Violations of the Public Offices Election Act
    Section 3Offenses Related to Newly Established Acts
Chapter 3Overview of Offenses of Various Types
    Section 1Traffic Offenses
        1Trends in traffic offenses
        2Disposition by public prosecutors offices
        3Disposition by courts
    Section 2Financial and Economic Offenses
        1Tax evasion
        2Economic offenses
        3Financial offenses
        4Bankruptcy-related offenses
        5Newly established act-related offenses
    Section 3High-Technology Offenses
        1Trends in High-Technology Offenses
        2Disposition by public prosecutors offices
Chapter 4Comparison of Crime Trends with Other Countries
    Section 1Major Offenses
    Section 2Homicide
    Section 3Theft
Chapter 5Offenses Committed by and against Japanese Nationals Outside Japan
    Section 1Offenses Committed by Japanese Nationals Outside Japan
    Section 2Crime Victimization of Japanese Nationals Outside Japan

Part 2Treatment of Offenders

Chapter 1Overview
Chapter 2Prosecution
    Section 1Reception of Suspected Cases
    Section 2Arrest and Detention of Suspects
    Section 3Dispositions of the Public Prosecutors Office
Chapter 3Trial
    Section 1Judgments
        1Defendants finally judged
        2The first instance
        3Appeals
    Section 2Sentencing
        1Death penalty and life imprisonment with work
        2Imprisonment with or without work with a definite term
        3Fines
    Section 3Detention and Bail
Chapter 4Correction of Adult Offenders
    Section 1Imprisonment in Penal Institutions
        1Rate of imprisonment of penal institutions
        2Number of inmates of penal institutions
        3Trend in number of newly admitted inmates
        4Characteristics of newly admitted inmates
    Section 2Treatment of Inmates, etc.
        1Overview of treatment
        2Work
        3Correctional guidance
        4Medical care and hygiene etc.
        5Maintenance of discipline and order
        6Grievance systems
        7Cooperation from volunteers outside
        8Fine defaulters in workhouses
    Section 3Treatment of Untried Inmates
    Section 4Treatment in Women's Guidance Homes
Chapter 5Rehabilitation Services
    Section 1Parole
        1Number of parole applications
        2Number of parolees
        3Proportion of served sentence terms before parole
        4Parole of life imprisonment inmates
    Section 2Probation and Parole Supervision
        1Probationers and parolees under supervision
        2Treatment for probationers and parolees
        3Measures for probationers and parolees
        4Termination of probationary supervision
    Section 3Assistance during Supervision and Urgent Aftercare of Discharged Offenders
        1Assistance during supervision and urgent aftercare of discharged offenders
        2Halfway houses
    Section 4Amnesties
    Section 5Nongovernmental Support Organizations
        1BBS associations
        2Women's Association for Rehabilitation Aid
        3Cooperative employers
Chapter 6International Cooperation in Criminal Justice
    Section 1Trends in International Efforts in Criminal Justice
        1United Nations
        2Summit meetings of leading countries
        3Others
    Section 2Transnational Fugitives and Their Extradition
        1Transnational fugitives from Japan
        2Extradition of fugitive offenders
    Section 3International Assistance in Investigation and Justice
        1Assistance in investigation etc.
        2Judicial assistance

Part 3Trends in Offenses by Specific Offenders and Their Treatment

Chapter 1Foreign National Offenders
    Section 1Trends of Foreign Nationals Entering Japan
        1Newly entering foreign nationals
        2Foreign nationals who are illegally overstaying
        3Deportation
    Section 2Trends in Crimes
        1Penal code offenses
        2Special act offenses
    Section 3Treatment
        1Disposition by public prosecutors offices
        2Disposition by courts
        3Correction
        4Probation and parole supervision
Chapter 2Offenders related to Boryokudan (Organized Crime Groups)
    Section 1Trends in Organization
    Section 2Trends in Crimes
        1Penal code offenses and special act offenses
        2Firearm offenses
    Section 3Treatment
        1Dispositions by public prosecutors offices
        2Correction
        3Probation and parole supervision
Chapter 3Drug Offenders
    Section 1Trends in Crimes
        1Stimulants Control Act violations
        2Narcotics and Psychotropics Control Act violations, etc.
        3Poisonous and Deleterious Substances Control Act violations
    Section 2Crackdown
        1Seizure of stimulants, etc.
        2Implementation of the Act on Special Provisions for Narcotics
    Section 3Treatment
        1Disposition by public prosecutors offices
        2Disposition by courts
        3Correction
        4Probation and parole supervision
Chapter 4Offenders with Mental Disorder
    Section 1Trends in Crimes
    Section 2Criminal Proceedings
        1Disposition by public prosecutors office and courts
        2Correction
        3Probation and parole supervision
    Section 3Act on Medical Care and Treatment for Insane Persons or Persons with Diminished Capacity Who Have Caused Serious Injury to Others
        1Hearings pertaining to public prosecutor's application
        2Medical care by hospitalization
        3Hearings pertaining to discharge or continuation of hospitalization
        4Treatment in local communities
Chapter 5Repeat Offenders
    Section 1Clearance
        1Repeat offenders among persons cleared for non-traffic penal code offenses
        2Previously convicted persons among adult offenders cleared for non-traffic penal code offenses
    Section 2Public Prosecution and Trial
        1Previously convicted persons among those prosecuted
        2Revocation of suspension of execution of sentence
    Section 3Correction
    Section 4Probation and Parole Supervision

Part 4Trends in Juvenile Delinquency and Treatment of Juvenile Delinquents

Chapter 1Trends in Juvenile Delinquency
    Section 1Juvenile Penal Code Offenders
        1Number of juveniles cleared
        2Trends by attribute
        3Trend in type of offense
        4Complicity cases
    Section 2Juvenile Special Act Offenders
        1Number of juveniles referred by the police
        2Drug offenses
        3Traffic offenses
    Section 3Juveniles of Illegal Behavior under 14 Years of Age
    Section 4Pre-delinquents
    Section 5Delinquency at Home and School
        1Juvenile violence in families
        2Violence in schools
Chapter 2Treatment of Juvenile Delinquents
    Section 1Overview
        1Flow of treatment procedure until referred to a family court
        2Flow of treatment procedure at a family court
        3Flow of treatment procedure pertaining to protective measures
        4Flow of treatment procedure pertaining to criminal disposition
    Section 2Disposition of Juvenile Cases by Public Prosecutors Offices and Courts
        1Disposition by public prosecutors offices
        2Juvenile hearing
        3Criminal trial
    Section 3Classification at Juvenile Classification Homes
        1Admission and discharge
        2Classification activities
    Section 4Treatment of Delinquents in Juvenile Training Schools
        1Juveniles newly admitted to juvenile training schools
        2Treatment of juveniles in juvenile training schools
        3Juveniles who are discharged
    Section 5Treatment of Juvenile Prisoners
        1Number and characteristics of juvenile prisoners
        2Outline of treatment of juvenile prisoners
    Section 6Probationary Supervision for Juveniles
        1Juvenile probationers/juvenile training school parolees
        2Treatment
        3Termination of probationary supervision

Part 5Crime Victims

Chapter 1Damage by Crime in Official Statistics
    Section 1Number of Offenses Involving Human Victims
    Section 2Fatal and Bodily Damage
    Section 3Property Damage
    Section 4Relationship between Victims and Suspects
    Section 5Juvenile Crime Victims
        1Damage by penal code offenses
        2Child abuse
Chapter 2Consideration for Victims in Criminal Justice
    Section 1Involvement of Victims in Criminal Proceedings
        1Grievance system against non-prosecution
        2Protection, etc. of victims in formal trials
        3System of notification to complainants and victims
        4Enhancement of consideration for victims in juvenile cases
        5Advisers to Victims
    Section 2Compensation for Crime Victims, etc.
        1Crime victim benefits system
        2Benefits for recovery from damage
        3Automobile liability insurance systems

Part 6New Trends of Criminal Policy

Chapter 1Introduction
    1Crime trend and growing public anxiety
    2Measures related to restoration of public safety
    3Reform of the judicial system and criminal policy
    4Aims of this special article
Chapter 2Analysis of Recent Criminal Trends
    Section 1Trends in Number of Reported Cases for Non-Traffic Penal Code Offenses
        1Reported cases for non-traffic penal code offenses
        2Reported cases for theft by type and modus operandi
        3Reported cases for non-traffic penal code offenses excluding theft
    Section 2Trends in Number of Cleared Persons for Non-Traffic Penal Code Offenses
        1Trends in the number of persons cleared for non-traffic penal code offenses
        2Trends by type of offenders
    Section 3Social Background and Public Awareness
        1Criminal trend and social background
        2Criminal trend and changes in public awareness
Chapter 3Trends of Criminal Policy
    Section 1"Action Program to Create a Crime-Resistant Society," etc.
        1Action Program to Create a Crime-Resistant Society
        2Others
    Section 2Crime Prevention Activities in Local Communities
        1Crime prevention activities in local communities
        2Movement for a Brighter Society
    Section 3Recent Trends of Legislation
        1The Act for Partial Amendment to the Penal Code, etc. (Act No. 156 of 2004)
        2The Act for Partial Amendment to the Penal Code, etc. (Act No. 66 of 2005)
        3The Act for Partial Amendment to the Penal Code and the Code of Criminal Procedure (Act No. 36 of 2006)
        4The Bill on Partial Amendment to the Penal Code and Other Acts in Response to Globalizing and Organized Crimes and Advanced Information Processing
        5The Bill on Partial Amendment to the Juvenile Act, etc.
        6The Basic Act on Crime Victims (Act No. 161 of 2004) and the Basic Plan for Crime Victims
        7The Act for Partial Amendment to the Anti-organized Crime Act (Act No. 86 of 2006) and the Act on State Compensation for the Victims of Crime etc. with Damaged Property, etc. (Act No. 87 of 2006)
        8The Act on Penal Institutions and Treatment of Inmates, etc.
        9The Act for Partial Amendment to the Act for Probationary Supervision of Offenders Given Suspension of Execution of Sentence (Act No. 15 of 2006)
        10The Act for Partial Amendment to the Immigration Control and Refugee Recognition Act (Act No. 43 of 2006)
    Section 4Enhancement of Inmate Treatment
        1Trend of accommodation in penal institutions
        2Efforts for solving problems of overcrowding, etc.
        3Enhancement of inmate treatment
        4Other measures to prevent repeat offenses
    Section 5Reform of the Rehabilitation System
        1Problems of the rehabilitation system and its reform
        2Recommendations
        3Efforts for reform
    Section 6Promotion of Measures against Illegal Entry and Illegal Overstay, etc.
        1Background of efforts for measures against illegal entry and illegal overstay, etc.
        2Outline of efforts for measures against illegal entry and illegal overstay, etc.
Chapter 4Present Situation of Sexual Offenses and Countermeasures
    Section 1Outline of Sexual Offenses
        1Trends in sexual offenses
        2Sexual offenses targeting minors
        3Sex offenders seen from the viewpoint of the number of cleared persons
        4Conclusion
    Section 2Reality of Sex Offenders and Repeat Offenses
        1Reality of sex offenders
        2Repeat offenses by sex offenders
        3Reality of sexual offenses targeting minors
    Section 3Outline of Criminal Disposition for Sex Offenders
        1Prosecution
        2Trial
    Section 4Sex Offender Treatment Programs
        1Correction
        2Probationary supervision
    Section 5Trends in Sexual Offenses and Countermeasures in Foreign Countries
        1France
        2Germany
        3The U.K.
        4Canada
        5The United States of America
Chapter 5Reform of the Judicial System
    Section 1Enhancement and Speeding-up of Criminal Trials
        1Pre-trial Arrangement Procedure
        2Speedy Trial Procedure
    Section 2Development of the State-Appointed Defense Counsel System
    Section 3Amendment of the Act on the Committees for the Inquest of Prosecution
    Section 4Enforcement of the Comprehensive Legal Aid Services Act
    Section 5Saiban-in System
        1Act on Participation of Saiban-ins in Criminal Trials
        2Trend of cases to be covered by Saiban-in trials
    Section 6Problems and Measures for Implementing Saiban-in System
        1Problems
        2Measures to make the general public's participation as a Saiban-in easier
        3Conclusion
Chapter 6Conclusion
    1New moves related to criminal policy
    2Recent criminal trend and the general public's concern
    3Desirable future criminal policy
        (1)Restoration of crime deterrent force in local communities
        (2)Establishment of effective measures to prevent repeat offenses
        (3)Protection of crime victims' rights
    4Measures for judicial system reform
    5Direction that criminal policy should take

Appendix
Appendix 1-1  Number of reported cases, crime rate, number of cleared cases, clearance rate, and number of persons cleared for penal code offenses (1946-2005)
Appendix 1-2  Number of reported cases, number of cleared cases, and number of persons cleared for penal code offenses, by type of major offense (1996-2005)
Appendix 1-3  Clearance rate of penal code offenses, by type of major offense (1996-2005)
Appendix 1-4  Number of persons newly received by public prosecutors offices for special act offenses (1996-2005)
Appendix 1-5  Number of traffic accidents, number of persons killed or injured, and rate of accidents(1946-2005)
Appendix 1-6  Term of imprisonment with labor sentenced for financial and economic offenses in the court of first instance (2003-2005)
Appendix 1-7  Number of reported cases and crime rate of major offenses in 5 countries (1980-2004)
Appendix 1-8  Number of reported cases and crime rate of homicide and theft in 5 countries (1988-2004)
Appendix 1-9  Clearance rate of major offenses, homicide and theft in 5 countries (1988-2004)
Appendix 2-1  Number of persons newly received by public prosecutors offices, by type of offense (2001-2005)
Appendix 2-2  Number of persons finally disposed by public prosecutors, by type of offense (1996-2005)
Appendix 2-3  Prosecution rate and suspended prosecution rate, by type of offense (2000-2005)
Appendix 2-4  Sentences in district courts, by type of offense (2005)
Appendix 2-5  Average daily number of inmates of penal institutions (1950-2005)
Appendix 2-6  Number of newly admitted inmates, by sex and type of offense (2005)
Appendix 2-7  Number of reimprisoned inmates, by sex and type of offense (2005)
Appendix 2-8  Frequency of imprisonment of newly admitted inmates, by type of offense (2005)
Appendix 2-9  Period of time until repeat offense by reimprisoned inmates, by type of previous offense (2005)
Appendix 2-10  Number of inmates serving sentence of imprisonment with work at the end of the year, by term of imprisonment (as of December 31 each year in 1957-2005)
Appendix 2-11  Numbers of parole applications, grants, and rejections (1949-2005)
Appendix 2-12  Number of newly received probationers and parolees (1949-2005)
Appendix 3-1  Number of cleared cases and persons cleared for non-traffic penal code offenses committed by foreign nationals (1980-2005)
Appendix 3-2  Number of referred cases and number of persons referred for special act offenses committed by foreign nationals (1980-2005)
Appendix 3-3  Number of foreign nationals finally disposed by public prosecutors office (1990-2005)
Appendix 3-4  Newly admitted Class F inmates by nationality and region (2003-2005)
Appendix 3-5  Number of foreign probationers and parolees by nationality and type of probation/parolee (As of December 31, 2003-2005)
Appendix 3-6  Number of persons finally disposed by public prosecutors for drug offenses (1996-2005)
Appendix 3-7  Number of insane persons and persons with diminished capacity, by type of offense and by type of mental disorders (2005)
Appendix 4-1  Number and rate per population of juveniles and adults cleared for penal code offenses, and juvenile rate (1946-2005)
Appendix 4-2  Number and rate per population of juveniles cleared for non-traffic penal code offenses (1966-2005)
Appendix 4-3  Number of juveniles cleared for non-traffic penal code offenses, by age group, type of offense and sex (2005)
Appendix 4-4  Number of juveniles cleared for penal code offenses, by major type of offenses (1946-2005)
Appendix 4-5  Number of juveniles referred from police to public prosecutors office for special act offenses, by type of offense (1956-2005)
Appendix 4-6  Number of juveniles of illegal behavior guided for non-traffic penal code offenses, by major delinquency (1946-2005)
Appendix 4-7  Number of status offenders finally disposed by family court, by type of status offense (1969-2005)
Appendix 4-8  Number of juvenile offenders aged 14-19 newly received by public prosecutors offices, by type of offense and age group (2000-2005)
Appendix 4-9  Percent ratio of opinions by public prosecutors and final dispositions by family courts, by age group of juvenile offenders (2005)
Appendix 4-10  Number of juveniles finally disposed by family courts for juvenile cases (1975, 1985, 2001-2005)
Appendix 4-11  Number of newly admitted persons and average daily number of inmates in juvenile classification homes (1949-2005)
Appendix 4-12  Number of juveniles newly admitted to juvenile training schools, by sex and treatment programs (1949-2005)
Appendix 4-13  Number of juveniles newly admitted to juvenile training schools, by type of delinquency (1999-2005)