WHITE PAPER ON CRIME 2011

— Picture of Juvenile and Young Offenders and Preventive Measures against their Reoffending —

PREFACE

NOTES

PART 1 Crime Trends in 2010

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 Anti-Stalking Act violations, etc.

5 Public Offices Election Act violations

Chapter 3 Various Types of Offenses

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 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 Conclusive dispositions

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 inmates in penal institutions

2 Occupancy rate of penal institutions

3 Number of new inmates

4 Characteristics of new inmates

Section 2 Treatment of Inmates, etc.

1 Overview of treatment

2 Work

3 Correctional guidance

4 Provision of information regarding the release, etc. of inmates

Section 3 Administration 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 4 Treatment of Inmates Awaiting Judgments, etc.

Section 5 Maintenance and Management of Penal Institutions in a Partnership between the Public and Private Sectors

Chapter 5 Rehabilitation Services

Section 1 Parole

1 Parole examination

2 Number of parolees

3 Rate of served terms of imprisonment

4 Life imprisonment inmates granted release on parole

Section 2 Probation/Parole Supervision

1 Number of probationers/parolees

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 Criminal Justice Efforts

1 Measures against transnational organized crime and terrorism

2 Measures against drug-related crimes

3 Measures against money laundering

4 Measures against crimes against children

5 Measures against bribery and corruption

6 Measures against cybercrime

7 The International Criminal Court

Section 2 Transnational Fugitives, their Extradition, and Transfer of Sentenced Persons

1 Transnational fugitives from Japan

2 Extradition of fugitives

3 Transfer of sentenced persons

Section 3 Mutual Legal/Judicial Assistance in Criminal Matters

1 Assistance in investigations

2 Judicial assistance

Section 4 Cooperation in Training and Legal System Development Support in Criminal Justice

1 Cooperation in training at UNAFEI

2 Technical assistance in the legal field

PART 3 Treatment of Juvenile Delinquents

Chapter 1 Protective Procedures for Juveniles

Section 1 Overview

1 Procedure until referral to a family court

2 Procedure in a family court

3 Procedure for protective measures

Section 2 Disposition of Juvenile Cases at Public Prosecutors Offices/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 2 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

PART 4 Trends in Offenses by Specific Types of Offenders and Their Treatment

Chapter 1 Foreign National Offenders

Section 1 Foreign Nationals Residing in Japan

1 New foreign national entrants

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

Section 4 Trends and Treatment of Foreign National Juvenile Delinquents

1 Trends in foreign national juvenile offenders

2 Treatment of foreign national juvenile delinquents

Chapter 2 Offenders Belonging to Organized Crime Groups

Section 1 Trends with Organized Crime Group 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 Medical Care and Treatment System for Insane Persons, etc.

1 Hearings

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 Inmates reimprisoned

2 Reimprisonment of released inmates

3 Employment status

Section 4 Probation/Parole Supervision

1 Status of probationers/parolees

2 Redisposition of probationers/parolees

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 from penal code offenses

2 Child abuse

Chapter 2 Consideration for Victims within the Criminal Proceedings

Section 1 Involvement of Victims in Criminal Proceedings

1 Appeal system against non-prosecution

2 Victim participation, etc. in trials

3 Notification system for complainants and victims, etc.

4 Consideration for victims in juvenile cases

5 Victim advisor system

6 Measures for victims 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 reflecting changes in crime trends

3 Treatment of offenders

4 Measures for crime victims, etc.

5 Legislation for juveniles

6 Formulation of action programs

7 Reform of prosecutory function

Section 2 Lay Judge System

1 Overview of lay judge system

2 Implementation status of lay judge system

Section 3 Court-Appointed Defense Counsel System for Suspects

Section 4 Activities of Houterasu

PART 7 Picture of Juvenile and Young Offenders and Preventive Measures against their Reoffending

Chapter 1 Current Situation surrounding Japanese Youth

Chapter 2 Trends with Juvenile/Young Offenders

Section 1 Guidance/Clearance

1 Penal code offenses

2 Special act offenses

3 Pre-delinquents

4 Delinquency at home and at school

Section 2 Prosecution/Trial

1 Reception and disposition in public prosecutors offices

2 Conclusive disposition in family courts

3 Prosecution in public prosecutors offices

4 Criminal trials

Section 3 Correction

1 Juveniles newly admitted to juvenile training schools and new inmates in penal institutions

2 Type of delinquency/offense

3 Term of imprisonment

4 Residential status

5 Educational/employment status

6 Association with delinquent groups

7 Guardians/places to return to

8 Reason for release

Section 4 Probation/Parole Supervision

1 Trends with juvenile/young probationers/parolees

2 Characteristics of juvenile/young probationers/parolees

3 Revocation of probation of young probationers

Section 5 Trends with Repeat Delinquencies/Offenses by Juveniles/Young People

1 Repeat delinquencies by juveniles

2 History of protective measures with juveniles/young people placed under protective measures

3 Readmission/imprisonment of juveniles discharged from juvenile training schools

4 Reimprisonment of young released inmates

5 Redisposition of juvenile/young probationers/parolees

6 Protective measure histories of young new inmates

Chapter 3 Offenses by Persons Discharged from Juvenile Training Schools

Section 1 General Situation of Research Subjects

1 Attributes of research subjects

2 Situation while in juvenile training schools and parole supervision

Section 2 Offenses Committed by Persons Discharged from Juvenile Training Schools

1 Criminal punishment status

2 Situation with offenses

Section 3 Analysis of the Offenses after Discharge from Juvenile Training Schools

1 Analysis of the subjects by history of protective measures and living status, etc.

2 Analysis of juvenile delinquencies

3 Analysis of the status after discharge from juvenile training schools

Chapter 4 Attitudes of Juvenile Delinquents/Young Offenders

Section 1 Outline of Survey

1 Survey subjects

2 Outline of survey

Section 2 Attitude toward Life, etc. of Juvenile Delinquents/Young Offenders

1 Self-awareness

2 Moral awareness

3 Degree of satisfaction with relationships with friends

4 Understanding of parents’ attitudes toward juvenile delinquents/young offenders

5 Degree of satisfaction with family life

6 Attitudes toward school life

7 Attitudes toward work

8 Attitudes toward community

9 Degree of satisfaction with society

Section 3 Attitudes of Juvenile Delinquents/Young Offenders toward Delinquencies/Offenses

1 Understanding of the causes of delinquencies/offenses

2 Understanding of causes by problem field

3 Awareness of the level of disposition and attitudes after the disposition

4 Awareness of what were useful of receiving dispositions

5 Awareness of causes for repeat delinquencies/offenses

6 Understanding of mental restraints

7 Understanding of requirements in future life and rehabilitation

Chapter 5 Prevention of Repeat Offenses by Juvenile/Young Offenders

1 Case that reformation/rehabilitation was achieved through stable employment and improved relationships with friends

2 Case of reformation/rehabilitation achieved through strengthened family functions

3 Case of reformation/rehabilitation achieved through establishment of constructive life goals and acquisition of basic attitudes required in leading a social life

4 Case of reformation/rehabilitation achieved through reestablishment of relationship of mutual trust with adults and restored self-respect

Chapter 6 Conclusion

Section 1 Trends in Recent Delinquencies/Offenses by Juvenile/Young Offenders

1 Current status and issues with juvenile delinquencies

2 Current status and issues with offenses by young offenders

3 Problems during the transition period from juveniles to young people

Section 2 Enhanced Treatment for Juvenile Delinquents/Young Offenders

1 Treatment to develop greater moral awareness, to raise their motivation to be rehabilitated, and to correct dispositional problems

2 Guidance/assistance in securing and maintaining employment

3 Support to break associations with delinquent friends and establish new interpersonal relationships

4 Enhanced supervision/custody by family and complementary support

5 Consistency in treatment

6 Treatment to solve multiple/complex problems of the offenders and cooperation with relevant institutions

Section 3 Conclusion – Toward Social Inclusion of Offenders/Delinquents

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 (1946-2010)

Appendix 1-2 Number of reported cases, cleared cases, and persons cleared for penal code offenses by type of offense (2001-2010)

Appendix 1-3 Clearance rate for penal code offenses by type of offense (2001-2010)

Appendix 1-4 Number of persons newly received by public prosecutors for special act offenses by type of offense (2001-2010)

Appendix 1-5 Number of traffic accidents and persons killed or injured, and rate of death/injury, etc. (1946-2010)

Appendix 1-6 Sentencing of imprisonment with work for financial and economic offenses in a court of first instance (2008-2010)

Appendix 1-7 Number of reported cases and crime rate for major offenses in each country (1990-2009)

Appendix 1-8 Number of reported cases and crime rate for homicide and theft in each country (1990-2009)

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

Appendix 2-1 Number of persons newly received by public prosecutors by type of offense (2006-2010)

Appendix 2-2 Number of persons conclusively disposed in public prosecutors offices by type of offense and type of disposition (2001-2010)

Appendix 2-3 Prosecution rate and suspended prosecution rate by type of offense (2006-2010)

Appendix 2-4 Sentencing of death penalty and imprisonment with or without work in district courts by type of offense (2010)

Appendix 2-5 Average daily number of persons imprisoned in penal institutions (1950-2010)

Appendix 2-6 Number of new inmates by type of offense and gender (2010)

Appendix 2-7 Number of inmates reimprisoned by type of offense and gender (2010)

Appendix 2-8 Number of new inmates by history of imprisonment and type of offense (2010)

Appendix 2-9 Number of inmates reimprisoned by repeat offense period and type of previous offense (2010)

Appendix 2-10 Number of inmates sentenced to imprisonment with work at the end of each year by term of imprisonment (1957-2010)

Appendix 2-11 Number of persons for whom parole examinations were instigated or parole was granted, etc. (1949-2010)

Appendix 2-12 Number of persons newly placed under probation/parole supervision (1949-2010)

Appendix 2-13 Number of persons newly placed under probation/parole supervision by type of offense and gender (2010)

Appendix 3-1 Number of juvenile offenders newly received by public prosecutors by type of offense and age group (2006-2010)

Appendix 3-2 Percent distribution of opinions by public prosecutors and conclusive dispositions in family courts by age group (2010)

Appendix 3-3 Number of juveniles conclusively disposed in family courts for juvenile protection cases by type of delinquency and type of disposition (2010)

Appendix 3-4 Number of juveniles newly admitted to juvenile classification homes and average daily number of juveniles in juvenile classification homes by gender (1949-2010)

Appendix 3-5 Number of juveniles newly admitted to juvenile training schools by gender and type of treatment program (1949-2010)

Appendix 3-6 Number of juveniles newly admitted to juvenile training schools by type of delinquency (2002-2010)

Appendix 4-1 Number of cases and persons cleared for non-traffic penal code offenses committed by foreign nationals (1980-2010)

Appendix 4-2 Number of cases and persons referred to public prosecutors for special act offenses committed by foreign nationals (1980-2010)

Appendix 4-3 Number of foreign nationals conclusively disposed in public prosecutors offices (1991-2010)

Appendix 4-4 Number of visiting foreign nationals conclusively disposed in public prosecutors offices by type of offense (2010)

Appendix 4-5 Number of new Class F inmates by nationality, etc. (2008-2010)

Appendix 4-6 Number of foreign nationals newly placed under probation/parole supervision by nationality, etc. (2008-2010)

Appendix 4-7 Number of persons conclusively disposed in public prosecutors offices for Stimulants Control Act violations, etc. (2001-2010)

Appendix 5-1 Application for and payment of crime victim benefits (FY 1998-2010)

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

Appendix 7-1 Number of juveniles and adults cleared for penal code offenses, rate per population, and juvenile rate (1946-2010)

Appendix 7-2 Number of juveniles cleared for non-traffic penal code offenses and rate per population by age group (1966-2010)

Appendix 7-3 Number of juveniles cleared for penal code offenses by type of offense

Appendix 7-4 Number of juvenile offenders under 14 guided by the police for non-traffic penal code offenses by type of delinquency (1946-2010)

Appendix 7-5 Number of juveniles cleared for non-traffic penal code offenses by gender, age group, and type of offense (2010)

Appendix 7-6 Number of juveniles referred to public prosecutors for special act offenses by type of offense (1956-2010)

Appendix 7-7 Number of pre-delinquents conclusively disposed in family courts by type of pre-delinquency (1969-2010)