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2 Cooperation among criminal justice agencies
(1) Public prosecutors office and probation office
When a suspect is released due to suspension of prosecution, public prosecutors may indicate the applicable procedures for the urgent aftercare of discharged offenders if they can be subjects of the care (see Part 2, Chapter 5, Section 3, 1). Prosecutors may work closely with the nearest probation office in order to make the application procedure as smooth as possible. Also, with the enactment of the “Act on Partial Amendment to the Act for Probationary Supervision of Persons under Suspension of Execution of Sentence” (Act No. 15 of 2006), a new provision was established requiring the chief probation officer to determine special conditions of supervision, reflecting the opinion of the presiding court. Public prosecutors, when dealing with cases in which probationary supervision may be prescribed to the offender, is to pay attention to the evidence they provide at the trial stage regarding the living condition of the accused, taking note that the court would give an opinion regarding special conditions(see Section 3, 2(5) of this Chapter), and shall notify the chief probation officer of matters that have become clear in the investigation and trial processes promptly after the court's judgment in order to set up special conditions that should be observed. (2) Correctional institutions and probation offices In regard to the inmates accommodated in correctional institutions (prisons and juvenile training schools), correctional institutions and probation offices have been exchanging information in order to support their living after their release. Arranging living environments for them after their release is being systematically implemented with help being provided with their family, a residence, a job, etc. in the designated area they will return to. Also, in treating sexual offenders, in order to ensure consistency in sexual offenders treatment programs (see Section 2, 3 and Section 3, 2 (2) of this Chapter) by penal institutions and by probation offices, and to maintain the effects of the program, a system has been introduced to closely exchange information between penal institutions and probation offices. A similar system has also been adopted regarding the provision of information to probation offices by correctional institutions concerning the implementation of education incorporating the viewpoints of victims. (3) Police and probation offices In regard to parolees or offenders given suspension of sentence with probationary supervision whose whereabouts have become unknown, a system to seek their whereabouts out promptly has been in operation since FY2006. The chief probation officer is to request the cooperation of the Police Chief of the corresponding jurisdiction to provide information on the missing persons. In this system, the chief probation officer is to request the police to immediately report to the probation office in charge of the case, upon discovery of the person for whom an arrest warrant has been issued by a judge. In regard to other missing persons, the chief probation officer is to request the police for cooperation to provide information on the whereabouts of the missing persons to the probation office in charge. This has resulted in the whereabouts of 645 parolees and offenders given suspension of execution of sentence with probationary supervision being found based upon the information provided by the police, during the period from December 2005 to February 28, 2007 (Source: The Rehabilitation Bureau, Ministry of Justice). (4) Police and correctional institutions/probation offices In order to cope with the situation in which violent sexual offenses targeting children have been at issue, with the intention to promote information sharing on specified offenders between the relevant agencies, the provision of information on the release, etc. of inmates involved in violent sexual offenses, etc. against children of less than 13 years of age, by the chief of a prison, etc. to the police began in June 2005 (see Section 2, 4 of this Chapter). Furthermore, among the persons released from prison, in regard to parolees or applicants for urgent aftercare who committed a similar offense, information has been provided by the chief probation officer to the police. |