PART 6  Criminal Justice System Reform

Section 1  Introduction

  At present the criminal justice system is at a turning point. In this part an overview of recent criminal justice system reforms and a summary of the Saiban-in (lay judge) system, scheduled to start on May 21, 2009, etc. are provided.
  Fig. 6-1-1 shows an overview of recent new efforts in criminal justice system reform (see Appendix 6-1).
  The Justice System Reform Council established under the Cabinet in July 1999 held discussions over nearly two years and then compiled the Recommendations of the Justice System Reform Council, revealing what the justice system in Japan should be like in the 21st century. The Recommendations formulated the following three points as basic justice system reform policies: [1] reform to establish the “justice system to meet the expectations of the general public”, [2] reform to ensure the “proper legal profession to support the justice system” is available, and [3] introduction of a system in which the general public can participate in the process of judicial proceedings in “establishing a national foundation”. With [1], in the area of the criminal justice system, various concrete recommendations for reform were given regarding enhancement and speeding-up of criminal trials, development of a public defense system, proper institution of public prosecution, an appropriate investigation/trial procedure in response to a new age, and consideration for the rehabilitation of offenders and protection of victims, etc. With [2], reform of the legal training system and the legal profession system (counsels, public prosecutors, judges) was set forth in developing human resource bases that will play a major role in the new justice system. And with [3], introduction of the Saiban-in (lay judge) system was recommended as the core measure in facilitating the general public's participation in the justice system. The justice system reform being promoted based on these recommendations is at present the most important issue for the judiciary in Japan and is making steady progress in the area of criminal justice.
  Based on recommendations, the Act for Partial Amendment to the Code of Criminal Procedures, etc. (hereinafter referred to as the “Amended Code of Criminal Procedures, etc.”), which aims at enhancing and speeding-up criminal trials, developing a court-appointed defense counsel system, and strengthening the functions of Committees for the Inquest of Prosecution, was approved/promulgated in May 2004 and the Comprehensive Legal Support Act, which aims at establishing comprehensive support system where people nationwide can be provided with the necessary information and services to resolve disputes legally, was approved/promulgated in June the same year. At present, parts of the Amended Code of Criminal Procedure, etc. have been enforced and the pretrial conference procedure, speedy trial procedure, and a system of court-appointed defense counsel at the stage of detention of suspects has been introduced. In addition, and in accordance with the enforcement of the Comprehensive Legal Support Act, the Japan Legal Support Center (known as “Houterasu”) was established and has commenced the provision of services. Furthermore, the Saiban-in Act will be fully enforced on May 21, 2009, and the system where Saiban-ins (lay judges) are selected from the general public and involved in criminal proceedings subjectively and substantially together with judges will be commenced upon. At the same time the court-appointed defense counsel system at the stage of detention of suspects will be extended and a system under which prosecution can be instituted based on resolution by the Committees for the Inquest of Prosecution in certain cases will be introduced.
  In parallel with these justice system reforms, various important other reforms have also moved forward in areas related to criminal justice including reforming criminal law and regulations in conforming to changes in crime trends, improving and enhancing the correction and rehabilitation systems to prevent recidivism, protecting crime victims' rights and improving support measures, and reforming legislation for juveniles, etc.
  In response to worsening criminal conditions, the government established the “Action Program to Create a Crime-Resistant Society – Aiming for the Restoration of Japan as the World's Safest Country —” at a Ministerial Meeting on Countermeasures against Crimes in December 2003, aiming to relieve public anxiety over safety, putting a brake on the increase in crime, and alleviating the crisis with public safety within five years. The program has the following five top priority issues and promotes concrete measures for each: “prevention of familiar offenses that can be a threat to peaceful lives;” “prevention of juvenile offenses that need to be dealt with by the whole of society;” “response to threats from beyond the national border;” “protection of the economy and society from organized crime, etc;” and “infrastructure development for restoring public safety.”
  With regard to punishment for crime, various new legislations to cope with the crime situation are being introduced. Some important reforms have been made with the Penal Code to enable a wider range of sentencing and punishments according to the crime situation including tightening penal provisions on violation of traffic related acts, development of criminal laws and regulations to adapt to the changes in crime trends, and review of statutory penalties.
  In addition, and in accordance with the Act on Medical Care and Treatment for Insane Persons, etc., treatment procedures for persons who have caused serious injuries to others under the condition of insanity or diminished capacity have been introduced and implemented resulting in establishment of a system where the courts can determine the disposition of hospitalization or outpatient treatment, etc., and then, based on the decision, specialized medical treatment and on-going medical care or assistance will be provided.
  With regard to treatment of offenders, emergency measures for recidivism prevention were announced by the Ministry of Justice in February 2005. Based on this, measures such as sharing information on the release of inmates or on probationers/parolees whose whereabouts have become unknown with the police and effective treatment with treatment programs for sex offenders, etc., and various measures to facilitate Comprehensive Job Assistance Measures for Released Inmates, etc. have been implemented in the areas of both correction and rehabilitation.
  For the correction of adult offenders, and in response to recommendations made by the Correctional Administration Reform Council, the Inmates Treatment Act was enforced in May 2006 to define a basic philosophy for inmate treatment through the rehabilitation of inmates and the realization of their smooth reintegration into society, and an idea of correctional treatment was newly introduced that legally requires inmates to receive three types of treatments, namely “work”, “guidance for reform”, and “guidance in school courses”. Furthermore, in June 2007, the said act was partially amended and the Penal Detention Facilities Act, which also provides treatment for unsentenced inmates, etc., was enforced. This resulted in abolition and complete reformation of the Prison Act (Act No. 28 of 1908) which had been the basic act for practices at penal institutions, etc. Based on these revised acts, improvement/enhancement of treatment for inmates, etc. are now being even more strongly promoted.
  In addition, with regard to rehabilitation, the “Recommendations on Reform of the Rehabilitation System,” which the Advisory Committee on the Future of Rehabilitation submitted to the Minister of Justice in June 2006, gave concrete directions to be taken in reforming the overall current rehabilitation system. In accordance with the Recommendations the Offenders Rehabilitation Act, which reorganized and integrated the Offenders Prevention and Rehabilitation Act and the Act for Probationary Supervision of Persons under Suspension of Execution of Sentence, was approved in June 2007. Under this new Act, measures related to victims, etc. were implemented in advance in December the same year to start a system in which victims, etc. can express their opinions, etc. in the process of parole examinations (system for hearing victims' opinions) and a system in which the feelings, etc. of victims, etc. are conveyed to perpetrators under probationary supervision (system for communicating victims' sentiments). The Act was fully enforced in June 2008 and measures such as reviewing and enhancing the conditions of supervision to improve and strengthen probationary supervision, improving living environment adjustment for reintegration into society, and obligating specialized treatment programs based on the special conditions of supervision, etc. to be taken have moved forward.
  With regard to measures for crime victims, etc., providing protection of rights and benefits for victims, etc. and support for them has been strongly requested by the general public and is commonly recognized as being one of the priority issues in criminal policy. Because of this efforts to support crime victims, etc. have accumulatively taken place. The National Police Agency formulated the Outline of Measures for Supporting Crime Victims in 1996 and a notification system for victims, etc. was introduced at public prosecutors offices in 1999. In 2000 the so-called Two Crime Victims etc. Protection Acts (Act for Partial Amendment to the Code of Criminal Procedure and the Act on Committee for Inquest of Prosecution (Act No. 74 of 2000) and the Act on Measures Incidental to Criminal Procedures for Purpose of Protection of Rights and Interests of Crime Victims (Act No. 75 of 2000) (hereinafter referred to as the “Act on Measures Incidental to Criminal Procedures for Protection of Crime Victims, etc.)) were promulgated, introducing various measures to protect crime victims, etc. in criminal proceedings. And in 2001 the crime victims benefit system was enhanced by the Act for Partial Amendment to the Act on Support for Crime Victims, etc. Such as Payment of Crime Victims Benefit (Act No. 30 of 2001). Furthermore, in order to respond to requests by crime victims, etc. for the implementation of comprehensive measures the Basic Plan for Crime Victims was formulated in December 2005 in accordance with the Basic Act on Crime Victims (Act No. 161 of 2004) enforced in April 2005. The Plan contains four basic policies, five priority issues, and 258 concrete measures thereunder in order to realize a society where the rights and benefits of crime victims, etc. can be protected. Furthermore, the Plan defines the system where relevant agencies including government administrative organizations can cooperate and collaborate with each other and carry out respective measures from the viewpoint of crime victims, etc., and measures/efforts for crime victims, etc. are being implemented/made in the areas of criminal justice. Important measures for crime victims, etc. in recent years include [1] a damage recovery payment system wherein assets generated from the crime can be confiscated/collected in certain cases and then used to make payments for recovery from damages to the crime victims, etc. in accordance with the Act for Partial Amendment to the Anti-Organized Crimes Act and the Act on Recovery Payment to be Paid from Assets Generated from Crime enforced in December 2006, [2] a damage recovery benefit system where the rights of account holders lapse with bank accounts used in crimes such as billing fraud, etc. and payment of damage recovery benefit in accordance with the Act on Damage Recovery Benefit Distributed from Fund in Bank Accounts Used for Crimes enforced in June 2008 made, and [3] although not enforced yet, a system in which crime victims, etc. can participate in criminal trials and a system to utilize the achievement of criminal proceedings concerning claims for damages by crime victims, etc. established by the Act for Partial Amendment to the Code of Criminal Procedure, etc. for Purpose of Protection of Rights and Interests of Crime Victims (to be enforced on December 1, 2008).
  Various systems have also been introduced in legislation for juveniles in appropriately responding to the current situation with juvenile delinquency. The Act for Partial Amendment to the Juvenile Act, etc. enforced in April 2001 introduced [1] lowering of the minimum age of criminal culpability, a system wherein juveniles aged 16 or over are in principle referred to public prosecutors for prosecution in certain cases, and measures such as admonition/guidance to guardians by family courts as for reviewing disposition, etc. of juveniles cases, [2] a hearing by a collegiate court body, a system to enable the attendance of public prosecutors and attorneys as attendants, extension of the protective detention period, and a system in which public prosecutors can request that a high court accept a case as an appeal case against disposition as for further promoting the appropriate fact finding procedures for juveniles, and [3] systems for inspecting and copying of records of juvenile cases by victims, etc., the opinions of victims, etc. being heard, and notification of the results of judgments as for enhancing consideration for crime victims, etc. In addition, the Act for Partial Amendment to the Juvenile Act, etc. enforced in November 2007 introduced [1] the development of investigative procedures for cases concerning juveniles of illegal behavior, [2] lowering the age of juveniles to be committed to juvenile training schools, [3] development of measures to further enhance the effectiveness of guidance for juveniles placed under probationary supervision, and [4] a system in which a family court has the authority to appoint an attendant (attorney) for a juvenile (court-appointed attendant system). Furthermore, the Act for Partial Amendment to the Juvenile Act promulgated on June 18, 2008 introduced a system in which family courts allow victims, etc. in certain serious cases to attend juvenile hearings (to be enforced on a day specified by cabinet order and within a period not exceeding six months of the date of promulgation, but excluding a part of provisions).
  These recent reforms in the criminal justice system are described in more detail in Part 2, Chapter 4 on the correction of adult offenders, Part2, Chapter 5 on rehabilitation, Part 3, Chapter 4, Section 3 on the Act on Medical Care and Treatment for Insane Persons, etc., Part 4, Chapter 2 on legislation for juveniles, and Part 5, Chapter 2 on measures for crime victims, etc. The Saiban-in system, Houterasu activities, and the court-appointed defense counsel system will be described in the following sections.

Fig. 6-1-1  Overview of Criminal Justice System Reform