Section 4 Treatment of Inmates Awaiting Judgments, etc.

Inmates awaiting judgments are held separately from sentenced inmates in preventing the spread of bad habits and protecting their privacy.

The treatment of inmates awaiting judgments is designed to prevent them from escaping and destroying any evidence, while respecting their right to defend themselves as a suspect or a defendant, while also ensuring the appropriate custody of them. They are provided with treatment in their cells both day and night, in principle, and held alone in single cells if possible.

Unlike sentenced inmates, those awaiting judgments generally use self-supplied clothing and bedding and have a wider range of freedom to take/use self-supplied food, drink, and other daily necessities, as long as they do not pose any risk to the maintenance of discipline/order and the performance of other administrative duties. Reading books (including magazines and newspapers) is permitted as long as they do not pose any risk of evidence being destroyed or the discipline/order of the institution being violated. Visits and sending/receiving letters can be restricted under the Code of Criminal Procedure and also if there is any risk of evidence being destroyed or it is necessary in maintaining the discipline/order of the institution or the performance of administrative duties. In addition, visits to inmates awaiting judgments are observed by guards, in principle, excluding visits from their defense counsels, and the content of letters can also be subject to censorship.

Those being detained, etc. can be accommodated in detention facilities in place of penal institutions (substitute detention), with thus typically happening with anyone under detention before prosecution. The average daily number of persons detained in detention facilities in FY 2010 was 10,274 (Source: The Correction Bureau, Ministry of Justice).

Those that have been sentenced to the death penalty in a final judgment are detained in penal institutions separately from the other inmates until execution of their sentence. Particular attention is paid to ensuring the mental stability of inmates sentenced to the death penalty in a final judgment. In addition, measures such as providing advice and lectures that are considered to contribute to their mental stability are taken in cooperation with private volunteers, as required. As of the end of 2010 there were 111 inmates who had been sentenced to the death penalty in a final judgment (Source: Annual Report of Statistics on Correction).