WHITE PAPER ON CRIME 2010

— Actual Situation and Treatment concerning Serious Offenders —

PREFACE

NOTES

PART 1 Crime Trends in 2009

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 Public security

2 Environment/public morals

3 Child Welfare Act violations, etc.

4 Stalker Control Act violations, etc.

5 Public Offices Election Act violations

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

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

1 Procedure in public prosecutors offices

2 Procedure in courts

3 Treatment through the correction procedure

4 Treatment through the rehabilitation procedure

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

Section 2 Court of First Instance

1 Final judgments

2 Sentencing

3 Pretrial arrangement proceeding

4 Speedy trial procedure

5 Detention and bail

Section 3 Summary Trial Procedure

Section 4 Appeals

Chapter 4 Correction of Adult Offenders

Section 1 Imprisonment in Penal Institutions

1 Number of persons imprisoned in penal institutions

2 Occupancy rate 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 Provision of food, medical care, health guards, etc.

3 Private sector cooperation

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 Inmates Awaiting Judgment, etc.

Section 5 Penal Institutions Utilizing PFI Method

Chapter 5 Rehabilitation Services

Section 1 Parole

1 Parole examination

2 Number of parolees

3 Rate of served terms of imprisonment

4 Parole of life imprisonment inmates

Section 2 Probation/Parole Supervision

1 Number of probationers/parolees, etc.

2 Treatment of probationers/parolees

3 Measures for probationers/parolees

4 Termination of probation/parole supervision

Section 3 Urgent Aftercare of Discharged Offenders

1 Urgent aid, etc. and 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 crime and terrorism

2 Measures against drug-related crimes

3 Measures against money laundering

4 Measures against crime against 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, etc.

Section 3 Mutual Legal/Judicial Assistance in Criminal Matters

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 Technical assistance in the legal field

PART 3 Trends in Offenses by Specific Offenders and Their Treatment

Chapter 1 Foreign National Offenders

Section 1 Trends with Foreign Nationals Residing in Japan

1 Foreign nationals newly entered, etc.

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 with 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 Regulations

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 Public prosecutors offices/trials

2 Correction

3 Probation/parole supervision

Section 3 The Act on Medical Care and Treatment for Insane Persons, etc.

1 Hearing

2 Medical care through hospitalization

3 Discharge or continued hospitalization

4 Treatment within local communities

Chapter 6 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 Revocation of suspension of execution of the sentence

Section 3 Correction

1 Reimprisoned inmates

2 Reimprisonment of released inmates

3 Employment status

Section 4 Probation/Parole Supervision

1 Status of probationers/parolees

2 Redisposition, etc. of probationers/parolees

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

2 Drug offenses

3 Traffic offenses

Section 3 Pre-delinquents

Section 4 Delinquency at Home and at School

1 Domestic violence

2 Violence at schools

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 procedure pertaining to protective measures

Section 2 Disposition of Juvenile Cases at Public Prosecutors Offices and Courts

1 Public prosecutors offices (until referral to a family court)

2 Family courts

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 provided at juvenile training schools

3 Discharged juveniles

Section 5 Probation/Parole Supervision for Juveniles

1 Juvenile probationers/parolees

2 Treatment of juvenile probationers/parolees

3 Measures for juvenile probationers/parolees

4 Termination of probation/parole supervision for juveniles

Chapter 3 Criminal Proceedings of Juveniles

Section 1 Overview

1 Prosecution and criminal trials

2 Execution of sentence

3 Parole

Section 2 Prosecution and Criminal Trials

1 Disposition in public prosecutors offices

2 Sentencing in a court of first instance

Section 3 Juvenile Inmates

Chapter 4 Trends with Repeat Delinquencies and Juveniles with a History of Delinquency

1 Repeat delinquencies by juveniles

2 History of protective measures with juveniles placed under protective measures

3 Status with the readmission, etc. of juveniles discharged from juvenile training schools

4 Redisposition, etc. of juvenile probationers/juvenile training school parolees

5 History of protective measures for new inmates

Chapter 5 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 Offenses

Section 1 Number of Cases Involving Human Victims

Section 2 Bodily Damage

Section 3 Property Damage

Section 4 Damage Caused by Sexual 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. at trials

3 Notification to complainants and victims, etc.

4 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 Payment system for benefits for recovery from damage

3 Damage recovery benefit system

4 Automobile liability security system

5 Protection of human trafficking victims

PART 6 Criminal Justice System Reforms

Section 1 Introduction

1 Reformations based on recommendations made by the Justice System Reform Council

2 Preparation of penal statute refl ecting changes in crime trends

3 Treatment of offenders

4 Measures for crime 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 Implementation status of Saiban-in system

Section 3 Court-Appointed Defense Counsel System for Suspects

Section 4 Activities of Houterasu

PART 7 Actual Situation and Treatment concerning Serious Offenders

Chapter 1 Trends with Serious Offenses

Section 1 Occurrence/Clearance

1 Status of occurrence, etc.

2 Victims

3 Form of offense, etc.

4 Complicity rate

5 Persons cleared

6 Employment rate

7 Boryokudan members, etc.

8 Repeat offenders/previously convicted persons

Section 2 Prosecution/Trial

Section 3 Correction

1 New inmates

2 Reimprisoned inmates

3 Reimprisonment status of released inmates

Section 4 Probation/Parole Supervision

1 Parole

2 Probation/parole supervision

Section 5 Juveniles

1 Trends in serious offenses committed by juveniles

2 Juveniles with a history of delinquency

3 Juvenile protection cases involving serious offenses

4 History of protective measures for new inmates

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Chapter 2 Actual Situation concerning Serious Offenses and Repeat Offenses

Section 1 Circumstances involved in the Committing of a Serious Offense

1 Details of offenses

2 Attributes of research subjects, etc.

Section 2 Treatment

1 Treatment at penal institutions

2 Treatment in parole supervision

Section 3 Repeat Offense Status

1 Overview of repeat offenses

2 Analysis of repeat offense status

3 Status of repeat serious offenses and short-term repeat offenses

Section 4 Reintegration of Serious Offenders Back into Society

1 Presentation of cases

2 Discussion

Chapter 3 Treatment of serious offenders

Section 1 Treatment according to the Problems of Inmates/Probationers/Parolees

1 Treatment of offenders for homicide and injury causing death, etc.

2 Treatment of sexual offenders, including rape, etc.

3 Treatment of long-term inmates in probation/parole supervision

Section 2 Provision of Information on Serious Offenders, etc. to the Police

Chapter 4 Conclusion

Section 1 Actual Situation with Serious Offenses

1 Status of occurrence of serious offenses

2 Status with repeat offenses by serious offenders

3 Discussion by type of offense

Section 2 Enhancement of Treatment concerning Serious 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 (1946-2009)

Appendix 1-2 Number of reported cases, cleared cases, and persons cleared for penal code offenses by type of offense (2000-2009)

Appendix 1-3 Clearance rate for penal code offenses by type of offense (2000-2009)

Appendix 1-4 Number of persons newly received by public prosecutors offices for special act offenses by type of offense (2000-2009)

Appendix 1-5 Number of traffic accidents and persons killed or injured, and rate of death/injury, etc. (1946-2009)

Appendix 1-6 Sentencing of imprisonment with work for financial and economic offenses in the court of first instance (2007-2009)

Appendix 1-7 Number of reported cases and crime rate for major offenses in each country (1980-2008)

Appendix 1-8 Number of reported cases and crime rate for homicide and theft in each country (1988-2008)

Appendix 1-9 Clearance rate for major offenses, homicide, and theft in each country (1988-2008)

Appendix 2-1 Number of persons newly received by public prosecutors offices by type of offense (2005-2009)

Appendix 2-2 Number of persons finally disposed in public prosecutors offices by type of offense and type of disposition (2000-2009)

Appendix 2-3 Prosecution rate and suspended prosecution rate by type of offense (2005-2009)

Appendix 2-4 Sentencing of death penalty and imprisonment with or without work in district courts by type of offense (2009)

Appendix 2-5 Average daily number of persons imprisoned in penal institutions (1950-2009)

Appendix 2-6 Number of new inmates by type of offense and gender (2009)

Appendix 2-7 Number of reimprisoned inmates by type of offense and gender (2009)

Appendix 2-8 Number of new inmates by history of Imprisonment and type of offense (2009)

Appendix 2-9 Number of reimprisoned inmates by repeat offense period and type of previous offense (2009)

Appendix 2-10 Number of inmates sentenced to imprisonment with work at the end of each year by term of imprisonment (1957-2009)

Appendix 2-11 Number of persons for whom parole examinations were instigated or parole was granted, etc. (1949-2009)

Appendix 2-12 Number of persons newly placed under probation/parole supervision (1949-2009)

Appendix 2-13 Number of persons newly placed under probation/parole supervision by type of offense and gender (2009)

Appendix 3-1 Number of cases and persons cleared for non-traffic penal code offenses committed by foreign nationals (1980-2009)

Appendix 3-2 Number of cases and persons referred to public prosecutors for special act offenses committed by foreign nationals (1980-2009)

Appendix 3-3 Number of foreign nationals finally disposed in public prosecutors offices (1990-2009)

Appendix 3-4 Number of visiting foreign nationals finally disposed in public prosecutors offices by type of offense (2009)

Appendix 3-5 Number of new Class F inmates by nationality, etc. (2007-2009)

Appendix 3-6 Number of foreign nationals newly placed under probation/parole supervision by nationality, etc. (2007-2009)

Appendix 3-7 Number of persons finally disposed in public prosecutors offices for Stimulants Control Act violations, etc. (2000-2009)

Appendix 4-1 Number of juveniles and adults cleared for penal code offenses, rate per population, and juvenile rate (1946-2009)

Appendix 4-2 Number of juveniles cleared for non-traffic penal code offenses and rate per population by age group (1966-2009)

Appendix 4-3 Number of juveniles cleared for penal code offenses by type of offense (1946-2009)

Appendix 4-4 Number of juvenile offenders under 14 guided by the police for non-traffic penal code offenses by type of delinquency (1946-2009)

Appendix 4-5 Number of juveniles cleared for non-traffic penal code offenses by gender, age group, and type of offense (2009)

Appendix 4-6 Number of juveniles referred to public prosecutors for special act offenses by type of offense (1956-2009)

Appendix 4-7 Number of pre-delinquents finally disposed in family courts by type of predelinquency (1969-2009)

Appendix 4-8 Number of juvenile offenders newly received by public prosecutors offices by type of offense and age group (2004-2009)

Appendix 4-9 Percent distribution of opinions by public prosecutors and final dispositions in family courts by age group (2009)

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, 2005-2009)

Appendix 4-11 Number of juveniles newly admitted to juvenile classification homes and average daily number of juvenile inmates by gender (1949-2009)

Appendix 4-12 Number of juveniles newly admitted to juvenile training schools by gender and type of treatment program (1949-2009)

Appendix 4-13 Number of juveniles newly admitted to juvenile training schools by type of delinquency (2002-2009)

Appendix 5-1 Application and payment of crime victim benefits (FY 1998-2009)

Appendix 6-1 Chronological Table of “Criminal Justice System Reform”