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White paper on crime 2009

— Enhancement of Measures to Prevent Repeat Offenses —

PREFACE

NOTES

Part 1 Crime Trends in 2008

Chapter 1 Penal Code Offenses
    Section 1 Principal Data
        1 Reported cases and crime rate
        2 Persons cleared
        3 Clearance rate
    Section 2 Non-traffic Penal Code Offenses
        1 Theft
        2 Non-traffic penal code offenses excluding theft
Chapter 2 Special Act Offenses
    Section 1 Principal Data
    Section 2 Major Special Act Offenses
        1 Violations of the Minor Offenses Act, etc.
        2 Violations of the Waste Management Act, etc.
        3 Violations of the Child Welfare Act, etc.
        4 Violations of the Stalker Control Act, etc.
        5 Violations of the Public Offices Election Act
Chapter 3 Offenses of Various Types
    Section 1 Traffic Offenses
        1 Trends in traffic offenses
        2 Disposition in public prosecutors offices
        3 Disposition in courts
    Section 2 Financial and Economic Offenses
        1 Tax related offenses
        2 Economic offenses
        3 Financial offenses
        4 Intellectual property-related offenses
        5 Bankruptcy-related offenses
        6 Recent amendments
    Section 3 High-Technology Offenses
        1 Trends in high-technology offenses
        2 Disposition in 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 of Japan
    Section 1 Offenses Committed by Japanese Nationals Outside of Japan
    Section 2 Offenses Committed against Japanese Nationals Outside of 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 Disposition in Public Prosecutors Offices
Chapter 3 Trial
    Section 1 Final Judgments
        1 Defendants with a final judgment
        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 limited term
        3 Fine
    Section 3 Detention and Bail
Chapter 4 Correction of Adult Offenders
    Section 1 Imprisonment in Penal Institutions
        1 Number of persons imprisoned in penal institutions
        2 Occupancy rate and over-occupancy in penal institutions
        3 Number of new inmates
        4 Characteristics of new inmates
    Section 2 Administration, etc. of Penal Institutions
        1 Penal Institution Visiting Committee
        2 Serving of food, medical care, health, etc.
        3 Cooperation of private sector
        4 Maintenance of discipline and order
        5 Appeal system
    Section 3 Treatment of Inmates, etc.
        1 Overview of treatment
        2 Work
        3 Correctional guidance
        4 Provision of information in regard to the release, etc. of inmates
    Section 4 Treatment of Presentenced Inmates, etc.
    Section 5 Penal Institutions Utilizing PFI Method
Chapter 5 Rehabilitation Services
    Section 1 Parole
        1 Number of persons for whom parole examinations were instigated
        2 Number of parolees
        3 Rate of served imprisonment terms
        4 Parole of life imprisonment inmates
    Section 2 Probation/Parole Supervision
        1 Probationers/parolees
        2 Treatment of probationers/parolees
        3 Measures for probationers/parolees
        4 Termination of probation / parole supervision, etc.
    Section 3 Urgent Aid, etc. and Urgent Aftercare of Discharged Offenders
        1 Urgent aid, etc. and urgent aftercare of discharged offenders
        2 Halfway houses
    Section 4 Pardons
    Section 5 Volunteer Probation Officers, Private Supporters/Support Organizations, and Crime Prevention Activities
        1 Volunteer probation officers
        2 Private supporters/support organizations
        3 Crime prevention activities
Chapter 6 International Cooperation in Criminal Justice
    Section 1 Trends in International Efforts in Criminal Justice
        1 Measures against transnational organized crimes and terrorism
        2 Measures against drug-related crime
        3 Measures against money laundering
        4 Measures against crimes involving 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 Investigations and Justice
        1 Assistance in investigations, etc.
        2 Judicial assistance
    Section 4 Cooperation in Training and Legal System Development Support, etc. in Criminal Justice
        1 Cooperation in training, etc. at UNAFEI
        2 Legal system development support

Part 3 Trends in Offenses by Specific Offenders and Their Treatment

Chapter 1 Foreign National Offenders
    Section 1 Trends among Foreign Nationals Residing in Japan
        1 Foreign nationals newly entered
        2 Foreign nationals illegally overstaying
        3 Deportation
    Section 2 Trends in Offenses
        1 Penal code offenses
        2 Special act offenses
    Section 3 Treatment
        1 Disposition in public prosecutors offices
        2 Disposition in courts
        3 Correction
        4 Probation/parole supervision
Chapter 2 Offenders Associated with Boryokudan (Organized Crime Groups)
    Section 1 Trends in Boryokudan Members
    Section 2 Trends in Offenses
        1 Persons cleared
        2 Firearm offenses
    Section 3 Treatment
        1 Disposition in public prosecutors offices
        2 Correction
        3 Probation/parole supervision
Chapter 3 Drug Offenders
    Section 1 Trends in Offenses
        1 Stimulants Control Act violations
        2 Cannabis Control Act violations, etc.
        3 Poisonous and Deleterious Substances Control Act violations
    Section 2 Status of Regulation
        1 Seizure of stimulants, etc.
        2 Implementation of the Act on Special Provisions for Narcotics
    Section 3 Treatment
        1 Disposition in public prosecutors offices
        2 Disposition in courts
        3 Correction
        4 Probation/parole supervision
Chapter 4 Elderly Offenders
    Section 1 Trends in Offenses
    Section 2 Treatment
        1 Disposition in public prosecutors offices
        2 Correction
        3 Probation/parole supervision
Chapter 5 Offenders with Mental Disorders
    Section 1 Trends in Offenses
    Section 2 Status of Criminal Proceedings
        1 Disposition in public prosecutors offices and courts
        2 Correction
        3 Probation/parole supervision
    Section 3 The Act on Medical Care and Treatment for Insane Persons, etc.
        1 Hearing
        2 Medical care by hospitalization
        3 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
    Section 1 Penal Code Offences Committed by Juveniles
        1 Juveniles cleared
        2 Trends by attribute
        3 Trends by type of offense
        4 Complicity cases
    Section 2 Special Act Offences Committed by Juveniles
        1 Number of juveniles referred to public prosecutors offices
        2 Drug offenses
        3 Traffic offenses
    Section 3 Pre-delinquents
    Section 4 Delinquency at Home and at School
        1 Domestic violence
        2 School violence
        3 Bullying and delinquency
Chapter 2 Treatment of Juvenile Delinquents
    Section 1 Overview
        1 Flow of procedure until referral to a family court
        2 Flow of family court procedure
        3 Flow of treatment procedure pertaining to protective measures
        4 Flow of treatment procedure pertaining to criminal dispositions
    Section 2 Disposition of Juvenile Cases in Public Prosecutors Offices and Courts
        1 Public prosecutors offices (until referral to family courts)
        2 Family courts
        3 Criminal trials
    Section 3 Classification in Juvenile Classification Homes
        1 Admission and discharge
        2 Classification activities
    Section 4 Treatment at Juvenile Training Schools
        1 Juveniles newly admitted to juvenile training schools
        2 Treatment at juvenile training schools
        3 Discharged juveniles
    Section 5 Treatment of Juvenile Inmates
        1 Status of accommodation and characteristics of new juvenile inmates
        2 Overview of treatment of juvenile inmates
    Section 6 Probation/Parole Supervision for Juveniles
        1 Juvenile probationers/parolees
        2 Treatment of juvenile probationers/parolees
    Section 7 Trends and Treatment of Foreign National Juvenile Delinquents
        1 Trends in foreign national juvenile offenders
        2 Treatment of foreign national juvenile delinquents

Part 5 Crime Victims

Chapter 1 Official Statistics on Damage Caused by Crime
    Section 1 Number of Cases Involving Human Victims
    Section 2 Bodily Damage
    Section 3 Property Damage
    Section 4 Damage Caused by Sex Offenses
    Section 5 Relationship between Victims and Suspects
    Section 6 Child Victims
        1 Damages for penal code offenses
        2 Child abuse
Chapter 2 Consideration for Victims in Criminal Justice
    Section 1 Involvement of Victims in Criminal Proceedings
        1 Appeal system against non-prosecution
        2 Victim participation, etc. in trials
        3 Notification to complainants and victims, etc.
        4 Enhanced consideration for victims in juvenile cases
        5 Victim advisor system
        6 Measures for victims, etc. in rehabilitation services
        7 Crime victim support services by Houterasu
    Section 2 Compensation Systems for Crime Victims, etc.
        1 Crime victim benefits system
        2 Recovery payment system
        3 Damage recovery benefit system
        4 Automobile liability security system

Part 6 Criminal Justice System Reform

    Section 1 Introduction
        1 Reform based on recommendations from the Justice System Reform Council
        2 Preparation of penal statute reflecting changes in crime trends
        3 Treatment of offenders
        4 Measures for victims, etc.
        5 Legislation for juveniles
        6 Formulation of action programs
    Section 2 Saiban-in (Lay Judge) System
        1 Overview of Saiban-in system
        2 Trends in cases subject to Saiban-in trials
    Section 3 Court-Appointed Defense Counsel System for Suspects
    Section 4 Activities of Houterasu

Part 7 Enhancement of Measures to Prevent Repeat Offenses

Chapter 1 Introduction
Chapter 2 Recent Trends, etc. among Repeat Offenders
    Section 1 Clearance
        1 Repeat offenders cleared for non-traffic penal code offenses
        2 Previously convicted adults cleared for non-traffic penal code offenses
    Section 2 Prosecution/Trial
        1 Previously convicted persons among those prosecuted
        2 Sentencing
        3 Revocation of suspension of execution of the sentence
    Section 3 Correction
        1 Reimprisoned inmates
        2 Reimprisonment of released inmates
        3 Employment status
        4 Places to return to on previous release
        5 Status of Boryokudan membership
    Section 4 Probation/Parole Supervision
        1 Status of probationers/parolees
        2 Re-disposition, etc. of probationers/parolees
    Section 5 Repeat Delinquencies/Offenses by Juveniles
        1 Delinquencies by juveniles with delinquent histories
        2 History of protective measures among juveniles placed under protective measures
        3 Re-admission, etc. of juveniles discharged from juvenile training schools
        4 Re-disposition, etc. of juvenile probationers/juvenile training school parolees
        5 History of protective measures of inmates
Chapter 3 Repeat Offences by Theft/Stimulants Offenders
    Section 1 Repeat Offences by Persons Granted Suspension of Execution of the Sentence
        1 Outline of research
        2 Theft
        3 Stimulants
    Section 2 Inmates and Repeat Offenses
        1 Outline of research
        2 Persons imprisoned for theft
        3 Persons imprisoned for Stimulants Control Act violations
        4 Attitudes toward dispositions in criminal proceedings, etc.
    Section 3 Reintegration of Theft/Stimulants Offenders into Society
        1 Probationer/parolee stories
        2 Volunteer probation officer stories
Chapter 4 Preventive Measures against Repeat Offenses:
Current Status and New Initiatives
    Section 1 Current Status of Preventive Measures against Repeat Offenses
        1 Enhancement of treatment according to the problems of inmates/probationers/parolees
        2 Enhancement of treatment of juvenile delinquents
        3 Support for reintegration of released inmates, etc. into society
        4 Cooperation / sharing information with the police
    Section 2 New Initiatives for Preventive Measures against Repeat Offenses
        1 Further enhancement of treatment for preventing repeat offenses
        2 Discussion of new systems for preventing repeat offenses, etc.
Chapter 5 Conclusion
        1 Summary of the featured article
        2 Actual conditions and factors surrounding repeat offenses of theft and Stimulants Control Act violations
        3 Desirable preventive measures against repeat offenses

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 (1946–2008)
Appendix 1-2  Number of reported cases, cleared cases, and persons cleared for penal code offenses by type of offense (1999–2008)
Appendix 1-3  Clearance rate for penal code offenses by type of offense (1999–2008)
Appendix 1-4  Number of persons newly received by public prosecutors offices for special act offenses by type of offense (1999–2008)
Appendix 1-5  Number of traffic accidents and persons killed or injured, and rate of death/injury, etc. (1946–2008)
Appendix 1-6  Sentencing of imprisonment with work for financial and economic offenses in the court of first instance (2006–2008)
Appendix 1-7  Number of reported cases and crime rate for major offenses in each country (1980–2007)
Appendix 1-8  Number of reported cases and crime rate for homicide and theft in each country (1988–2007)
Appendix 1-9  Clearance rate for major offenses, homicide, and theft in each country (1988–2007)
Appendix 2-1  Number of persons newly received by public prosecutors offices by type of offense (2004–2008)
Appendix 2-2  Number of persons finally disposed in public prosecutors offices by type of offense and type of disposition (1999–2008)
Appendix 2-3  Prosecution rate and suspended prosecution rate by type of offense (2004–2008)
Appendix 2-4  Sentencing of death penalty and imprisonment with or without work in district courts by type of offense (2008)
Appendix 2-5  Average daily number of persons imprisoned in penal institutions (1950–2008)
Appendix 2-6  Number of new inmates by type of offense and sex (2008)
Appendix 2-7  Number of reimprisoned inmates by type of offense and sex (2008)
Appendix 2-8  Imprisonment history of new inmates by type of offense (2008)
Appendix 2-9  Repeat offense period of reimprisoned inmates by type of previous offense (2008)
Appendix 2-10  Number of inmates sentenced to imprisonment with work at the end of each year by term of imprisonment (1957–2008)
Appendix 2-11 Number of persons for whom parole examinations were instigated or parole was granted, etc. (1949–2008)
Appendix 2-12  Number of persons newly placed under probation/parole supervision (1949–2008)
Appendix 2-13  Number of persons newly placed under probation/parole supervision by type of offense and sex (2008)
Appendix 3-1  Number of cases and persons cleared for non-traffic penal code offenses committed by foreign nationals (1980–2008)
Appendix 3-2  Number of cases and persons referred to public prosecutors offices for special act offenses committed by foreign nationals (1980–2008)
Appendix 3-3  Number of foreign nationals finally disposed in public prosecutors offices (1990–2008)
Appendix 3-4  Number of visiting foreign national suspects in cases finally disposed in public prosecutors offices, by type of offense (2008)
Appendix 3-5  Number of new Class F inmates by nationality, etc. (2006–2008)
Appendix 3-6  Number of foreign nationals newly placed under probation/parole supervision by nationality, etc. (2006–2008)
Appendix 3-7  Number of persons finally disposed in public prosecutors offices for Stimulants Control Act violations, etc. (1999–2008)
Appendix 4-1  Number of juveniles and adults cleared for penal code offenses, rate per population, and juvenile rate (1946–2008)
Appendix 4-2  Number of juveniles cleared for non-traffic penal code offenses and rate per population by age group (1966–2008)
Appendix 4-3  Number of juveniles cleared for penal code offenses by type of offense (1946–2008)
Appendix 4-4  Number of juveniles of illegal behavior guided by the police for non-traffic penal code offenses by type of delinquency (1946–2008)
Appendix 4-5  Number of juveniles cleared for non-traffic penal code offenses by sex, type of offense, and age group (2008)
Appendix 4-6  Number of juveniles referred to public prosecutors offices for special act offenses by type of offense (1956–2008)
Appendix 4-7  Number of pre-delinquents finally disposed in family courts (total/females) by type of pre-delinquency (1969–2008)
Appendix 4-8  Number of juvenile offenders newly received by public prosecutors offices by type of offense and age group (2003–2008)
Appendix 4-9  Percent distribution of opinions by public prosecutors and final dispositions in family courts by age group (2008)
Appendix 4-10  Number of juveniles finally disposed in family courts for juvenile protection cases by type of delinquency and type of disposition (1975, 1985, 2004–2008)
Appendix 4-11  Number of juveniles newly admitted to juvenile classification homes and average daily number of juvenile inmates by sex (1949–2008)
Appendix 4-12  Number of juveniles newly admitted to juvenile training schools by sex and type of treatment program (1949–2008)
Appendix 4-13  Number of juveniles newly admitted to juvenile training schools by type of delinquency (2002–2008)
Appendix 5-1  Application and payment of crime victim benefits (FY 1998–2008)
Appendix 6-1  Chronological Table of “Criminal Justice System Reform”
Appendix 6-2  Number of persons finally disposed in the court of first instance for cases subject to Saiban-in trials by type of offense and district court (average of 2004–2008)