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White paper on crime 2007

- The Circumstances and Attributes of Repeat Offenders and Countermeasures to Recidivism -

PREFACE

NOTES

Part 1 Crime Trends in 2006

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

Part 2 Treatment of Offenders

Chapter 1 Overview
Chapter 2 Prosecution
    Section 1 Reception of Suspected Cases
    Section 2 Arrest and Detention of Suspects
    Section 3 Dispositions by Public Prosecutors Offices
Chapter 3 Trial
    Section 1 Judgments
        1 Defendants with a final judgement
        2 The first instance
        3 Appeals
    Section 2 Sentencing
        1 Death penalty and life imprisonment with work
        2 Imprisonment with or without work for a definite term
        3 Fines
    Section 3 Detention and Bail
Chapter 4 Correction of Adult Offenders
    Section 1 Imprisonment in Penal Institutions
        1 Rate of imprisonment of penal institutions
        2 Number of inmates of penal institutions
        3 Trend in number of newly admitted sentenced inmates
        4 Characteristics of newly admitted sentenced inmates
    Section 2 Treatment of Sentenced Inmates, etc.
        1 Overview of treatment
        2 Work
        3 Correctional guidance
        4 Medical care and hygiene, etc.
        5 Maintenance of discipline and order
        6 Grievance systems
        7 Cooperation from outside volunteers
        8 Penal Institution Visiting Committee
        9 Fine defaulters in workhouses
    Section 3 Treatment of Unsentenced Inmates, etc.
    Section 4 Improvements in the Treatment of Inmates at Penal Institutions
        1 Enforcement of Penal and Detention Facilities Act
        2 Countermeasures to overcrowding
        3 New treatment systems of inmates
Chapter 5 Rehabilitation Services
    Section 1 Parole
        1 Number of parole applications
        2 Number of parolees
        3 Percent distribution of served sentence terms before parole
        4 Parole of life imprisonment inmates
    Section 2 Probation / Parole Supervision
        1 Probationers / parolees under supervision
        2 Treatment of probationers / parolees
        3 Measures for probationers / parolees
        4 Termination of probation / parole supervision
    Section 3 Assistance during Supervision and Urgent Aftercare of Discharged Offenders
        1 Assistance during supervision and urgent aftercare of discharged offenders
        2 Halfway houses
    Section 4 Pardons
    Section 5 Nongovernmental Support Organizations and Crime Prevention Activities
        1 Nongovernmental support organizations
        2 Crime prevention activities
    Section 6 Promotion on the Rehabilitation System Reform
        1 Developments leading to the reform
        2 Major contents of the reform
Chapter 6 International Cooperation in Criminal Justice
    Section 1 Trends in International Efforts in Criminal Justice
        1 Measures against transnational organized crimes
        2 Measures against terrorism and money laundering
        3 Measures against drug-related offenses
        4 Measures against crimes involving women and children
        5 Measures against bribery and corruption
        6 Measures against cybercrime
        7 Transfer of sentenced persons
        8 The International Criminal Court
    Section 2 Transnational Fugitives and Their Extradition
        1 Transnational fugitives from Japan
        2 Extradition of fugitive offenders
    Section 3 International Assistance in Investigation and Justice
        1 Assistance in investigation, etc.
        2 Judicial assistance

Part 3 Trends in Offenses by Specific Offenders and Their Treatment

Chapter 1 Foreign National Offenders
    Section 1 Trends of Foreign Nationals Entering Japan
        1 Newly entering foreign nationals
        2 Foreign nationals who are illegally overstaying
        3 Deportation
    Section 2 Trends in Crimes
        1 Penal code offenses
        2 Special act offenses
    Section 3 Treatment
        1 Disposition by public prosecutors offices
        2 Disposition by courts
        3 Correction
        4 Probation and parole supervision
Chapter 2 Offenders related to Boryokudan (Organized Crime Groups)
    Section 1 Trends in Boryokudan Members
    Section 2 Trends in Crimes
        1 Penal code offenses and special act offenses
        2 Firearm offenses
    Section 3 Treatment
        1 Dispositions by public prosecutors offices
        2 Correction
        3 Probation / parole supervision
Chapter 3 Drug Offenders
    Section 1 Trends in Crimes
        1 Stimulants Control Act violations
        2 Narcotics and Psychotropics Control Act violations, etc.
        3 Poisonous and Deleterious Substances Control Act violations
    Section 2 Crackdown
        1 Seizure of stimulants, etc.
        2 Implementation of the Act on Special Provisions for Narcotics
    Section 3 Treatment
        1 Disposition by public prosecutors offices
        2 Disposition by courts
        3 Correction
        4 Probation / parole supervision
Chapter 4 Offenders with Mental Disorder
    Section 1 Trends in Crimes
    Section 2 Status of Criminal Proceedings
        1 Disposition by public prosecutors offices and courts
        2 Correction
        3 Probation / parole supervision
    Section 3 The Medical Supervision of Mentally Disordered Offenders Act
        1 Hearings pertaining to public prosecutor's application
        2 Medical care by hospitalization
        3 Hearings pertaining to discharge or continuation of hospitalization
        4 Treatment in local communities

Part 4 Trends in Juvenile Delinquency and Treatment of Juvenile Delinquents

Chapter 1 Trends in Juvenile Delinquency
        1 Juvenile delinquency
        2 Juvenile delinquents
    Section 1 Juvenile Penal Code Offenders
        1 Number of juveniles cleared
        2 Trends by attribute
        3 Trends by type of offense
        4 Complicity cases
    Section 2 Juvenile Special Act Offenders
        1 Number of juveniles referred by the police
        2 Drug offenses
        3 Traffic offenses
    Section 3 Juveniles of Illegal Behavior under 14 Years of Age
    Section 4 Pre-delinquents
    Section 5 Delinquency at Home and School
        1 Domestic violence
        2 Violence in schools
        3 Bullying and delinquency
Chapter 2 Treatment of Juvenile Delinquents
    Section 1 Overview
        1 Flow of procedures until referred to a family court
        2 Flow of procedure at family court
        3 Flow of treatment procedure pertaining to protective measures
        4 Flow of treatment procedure pertaining to criminal disposition
    Section 2 Disposition of Juvenile Cases by Public Prosecutors Offices and Courts
        1 Disposition by public prosecutors offices
        2 Juvenile hearing
        3 Criminal trial
    Section 3 Classification at Juvenile Classification Homes
        1 Admission and discharge
        2 Classification of activities
    Section 4 Treatment of Delinquents in Juvenile Training Schools
        1 Juveniles newly admitted to juvenile training schools
        2 Treatment of juveniles in juvenile training schools
        3 Juveniles who are discharged
    Section 5 Treatment of Juvenile Prisoners
        1 Number and characteristics of juvenile prisoners
        2 Outline of treatment of juvenile prisoners
    Section 6 Probation/Parole Supervision of Juveniles
        1 Juvenile probationers/juvenile training school parolees
        2 Treatment of juvenile probationers and juvenile training school parolees
        3 Termination of probationary supervision for juveniles
    Section 7 Trends and Treatment of Foreign National Juvenile Delinquents
        1 Trends in foreign national juvenile offenders
        2 Treatment of foreign national juvenile delinquents
    Section 8 The Act for Partial Amendment to the Juvenile Act, etc.

Part 5 Crime Victims

Chapter 1 Statistics on the Damage Caused by Crime
    Section 1 Number of Offenses Involving Human Victims
    Section 2 Fatal and Bodily Damage
    Section 3 Property Damage
    Section 4 Damage Caused by Sexual Offenses
    Section 5 Relationship between the Victims and Suspects
    Section 6 Juvenile Crime Victims
        1 Damage by penal code offenses
        2 Child abuse
Chapter 2 Consideration for Victims in Criminal Justice
    Section 1 Involvement of Victims in Criminal Proceedings
        1 Grievance system against non-prosecution
        2 Victim protection, etc. in the steps of formal trials
        3 System of notification to complainants and victims
        4 Enhancement of consideration for victims in juvenile cases
        5 Advisers to victims
        6 Crime victim support services by Houterasu
    Section 2 Compensation for Crime Victims, etc.
        1 Crime victim benefits system
        2 Benefits for recovery from damage
        3 Automobile liability insurance systems
    Section 3 The Act for Partial Amendment to the Code of Criminal Procedure, etc. for the Protection of Rights and Benefits of Crime Victims, etc.

Part 6 Promotion of the Judicial System Reform

    Section 1 Pre-trial Arrangement Procedure
    Section 2 Speedy Trial Procedure
    Section 3 Development of the Court-appointed Defense Counsel System
    Section 4 Enforcement of the Comprehensive Legal Aid Services Act
    Section 5 Amendment of the Act on the Committees for the Inquest of Prosecution
    Section 6 Saiban-in System

Part 7 The Circumstances and Attributes of Repeat Offenders and Countermeasures to Recidivism

Chapter 1 Introduction
        1 Necessity and importance of research on recidivism
        2 Summary of the research contained in the White Papers on Crime of 1978 and 1988
        3 Structure of Part 7
Chapter 2 Actual Figures on Repeat Offenders over Recent Years
    Section 1 Clearance
        1 Repeat offenders among persons cleared for non-traffic penal code offenses
        2 Previously convicted persons among adults cleared for non-traffic penal code offenses
    Section 2 Prosecution and Trial
        1 Previously convicted persons among prosecuted persons
        2 Revocation of suspension of execution of sentence
    Section 3 Correction
    Section 4 Probation and Parole
Chapter 3 Actual Circumstances and Attributes of Repeat Offenders and Countermeasures to Recidivism Based upon Criminal Records and Statistical Data
    Section 1 Introduction
        1 Research overview
        2 Overview of Post War Criminal Trends
    Section 2 Importance of Countermeasures against Repeat Offenders
    Section 3 Trends in Repeat Offenses over Recent Years
    Section 4 The Circumstances and Characteristics of Repeat Offenders
        1 Offense
        2 Age
        3 Sentencing
        4 Attributes
        5 Sexual offenses
    Section 5 Parole
        1 The average period of parole by type of offense
        2 The parole revocation rate by type of offense
        3 The recidivism situation after the release of first-time inmates
        4 The parolees' employment status at the time of termination of supervision by type of offense
Chapter 4 Special Research : The Actual Conditions of Repeat Offenders of Homicide
    Section 1 Introduction
        1 Overview of special research
        2 Subjects of the special research
        3 Cases of repeat offenses of homicide
    Section 2 Actual Conditions of Repeat Homicide Offenders
        1 Type of offense, sentence term, etc.
        2 Motives or causes
        3 Relationship with victim
        4 Accomplice
        5 Modus operandi
        6 Criminal records
        7 Number of imprisonment, term of recidivism, etc.
        8 Family and employment status
        9 Violations of rules and regulations
    Section 3 Summary
Chapter 5 Current Recidivism Prevention Practices
    Section 1 Prosecution and Trial
        1 Ensuring the appropriate sentencing
        2 Recent legislations
        3 Recent trends in sentencing
    Section 2 Correction
        1 Job assistance service at correctional facilities
        2 Training of inmates at correctional institutions
        3 Preventive training at penal institutions against repeat sexual offenses
        4 Provision of information in regard to the release, etc. of inmates
    Section 3 Rehabilitation Services
        1 Overview
        2 Main measures for improving and strengthening the probation/parole supervision program
    Section 4 Comprehensive Crime Prevention Measures Provided in Multi-agencies Approach
        1 Need for cooperation among various agencies
        2 Cooperation among criminal justice agencies
        3 Cooperation between criminal justice agencies and other government agencies
        4 Cooperation between criminal justice agencies and private organizations/individuals
    Section 5 Measures of Recidivism Prevention in Other Countries
        1 France
        2 Germany
        3 The United Kingdom
        4 Canada
        5 The United States of America
Chapter 6 Conclusion
        1 The importance of recidivism prevention in the current Japanese context
        2 Repeat Offenders and Effective Recidivism Prevention Measures
        3 Conclusion

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 (1946-2006)
Appendix 1-2  Number of reported cases, number of cleared cases, and number of persons cleared for penal code offenses, by type of major offenses (1997-2006)
Appendix 1-3  Clearance rate of penal code offenses, by type of major offense (1997-2006)
Appendix 1-4  Number of persons newly received by public prosecutors offices for special act offenses (1997-2006)
Appendix 1-5  Number of traffic accidents, number of persons killed or injured, and rate of accidents (1946-2006)
Appendix 1-6  Term of imprisonment with work in the court of first instance for financial and economic offenses (2004-2006)
Appendix 1-7  Number of reported cases and crime rate of major offenses in 5 countries (1980-2005)
Appendix 1-8  Number of reported cases and crime rate of homicide and theft in 5 countries (1988-2005)
Appendix 1-9  Clearance rate of major offenses, homicide and theft in 5 countries (1988-2005)
Appendix 2-1  Number of persons newly received by public prosecutors officses, by type of offense (2002-2006)
Appendix 2-2  Number of persons finally disposed by public prosecutors offices, by type of offense (1997-2006)
Appendix 2-3  Prosecution and suspended prosecution rate by type of offense (2001-2006)
Appendix 2-4  Sentences in district courts, by type of offense (2006)
Appendix 2-5  Average daily number of inmates of penal institutions (1950-2006)
Appendix 2-6  Number of newly admitted inmates, by sex and type of offense (2006)
Appendix 2-7  Number of re-imprisoned inmates, by sex and type of offense (2006)
Appendix 2-8  Frequency of imprisonment of newly imprisoned offenders, by type of offense (2006)
Appendix 2-9  Period of time until repeat offense by reimprisoned inmates, by type of previous offense (2006)
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 1957-2006)
Appendix 2-11  Numbers of parole applications, grants and rejections (1949-2006)
Appendix 2-12  Number of newly received probationers and parolees (1949-2006)
Appendix 3-1  Number of cleared cases and persons cleared for non-traffic penal code offenses committed by foreign nationals (1980-2006)
Appendix 3-2  Number of referred cases and number of persons referred for special act offenses committed by foreign nationals (1980-2006)
Appendix 3-3  Number of foreign nationals finally disposed by public prosecutors offices (1990-2006)
Appendix 3-4  Newly admitted Class F inmates by nationality and region (2004-2006)
Appendix 3-5  Number of newly received foreign probationers and parolees by nationality, etc. (2004-2006)
Appendix 3-6  Number of persons finally disposed by public prosecutors offices for drug offenses (1997-2006)
Appendix 4-1  Number and rate per population of juveniles and adults cleared for penal code offenses, and juvenile rate (1946-2006)
Appendix 4-2  Number and rate per population of juveniles cleared for non-traffic penal code offenses, by age group (1966-2006)
Appendix 4-3  Number of juveniles cleared for non-traffic penal code offenses, by sex, age group, and by type of offense (2006)
Appendix4-4  Number of juveniles cleared for penal code offenses, by type of major offense (1946-2006)
Appendix 4-5  Number of juveniles referred from police to public prosecutors office for special act offenses,by type of offense (1956-2006)
Appendix 4-6  Number of juveniles of illegal bahavior guided for non-traffic penal code offenses, by major delinquency (1946-2006)
Appendix 4-7  Number of pre-delinquents finally disposed by family courts, by type of pre-delinquency (1969-2006)
Appendix 4-8  Number of juvenile offenders aged 14-19 newly received by public prosecutors offices, by type of major offense and age group (2001-2006)
Appendix 4-9  Percent ratio of opinions by public prosecutors and final dispositions by family courts, by age group of juvenile offenders (2006)
Appendix 4-10  Number of juveniles finally disposed by family courts for juvenile cases (1975, 1985, 2002-2006)
Appendix 4-11  Number of newly admitted persons and average daily number of inmates in juvenile classification homes (1949-2006)
Appendix 4-12  Number of juveniles newly admitted to juvenile training schools, by sex and by treatment programs (1949-2006)
Appendix 4-13  Number of juveniles newly admitted to juvenile training schools, by type of delinquency (2000-2006)