NOTES

I. Definition of Offenses and Terms

1. Definition of offenses

(1) Unless mentioned otherwise, the term “Penal Code offense” refers to an offense prescribed by the Penal Code (Act No. 45 of 1907) and the following special acts.
- (i) Explosives Control Act (Cabinet Order No. 32 of 1884);
- (ii) Act Relating to Duels (Act No. 34 of 1889);
- (iii) Act on Punishment of Crimes Related to Stamps (Act No. 39 of 1909);
- (iv) Act on Punishment of Physical Violence and Others (Act No. 60 of 1926);
- (v) Act on Prevention and Punishment of Robbery and Theft (Act No. 9 of 1930);
- (vi) Act on Punishment of Unlawful Seizure of Aircraft (Act No. 68 of 1970);
- (vii) Act on Punishment of Crime to Cause Pollution Harmful for Human Health (Act No. 142 of 1970);
- (viii) Act on Punishment of Acts to Endanger Aviation (Act No. 87 of 1974);
- (ix) Act on Punishment of Compulsion and Other Related Acts Committed by Those Having Taken Hostages (Act No. 48 of 1978); and
- (x) Act on Punishment of Organized Crimes and Control of Crime Proceeds (Act No. 136 of 1999).
(2) The term “negligence in vehicle driving / negligence in the pursuit of social activities causing death or injury” refers to causing death or injury through negligence in vehicle driving, negligence in the pursuit of social activities, or gross negligence.
(3) The term “negligence in vehicle driving causing death or injury, etc.” refers to negligence in vehicle driving / negligence in the pursuit of social activities causing death or injury in traffic accidents on the roads.
(4) Up to 2006 the term “negligence in the pursuit of social activities causing death or injury” refers to causing death or injury through negligence in the pursuit of social activities or gross negligence before the revision by the Act for Partial Revision of the Penal Code (Act No. 54 of 2007). Similarly up to 2006 the term “negligence in the pursuit of social activities/gross negligence causing death or injury in traffic accidents on the roads” refers to causing death or injury through negligence in the pursuit of social activities or gross negligence in traffic accidents on the roads.
(5) The term “non-traffic Penal Code offense” refers to Penal Code offenses excluding negligence in vehicle driving causing death or injury, etc. However, in Part 4 (excluding Sections 3 and 4 of Chapter 1, Section 3 of Chapter 2, Chapter 4, and Section 2 of Chapter 5) and Part 5 it further excludes dangerous driving causing death or injury in traffic accidents, unless mentioned otherwise.
(6) The term “special act offense” refers to an offense against penal provisions other than the acts listed in (1), and includes violations of regulations.
(7) The term “traffic-related violations” refers to violations of the following acts.
- (i) Road Traffic Act (Act No. 105 of 1960); and
- (ii) Act on Assurance of Car Parking Spaces and Other Matters (Act No. 145 of 1962).
(8) The term “violations of four traffic-related acts” refers to “violations of road traffic related acts” and violations of the following acts.
- (i) Road Transport Vehicle Act (Act No. 185 of 1951);
- (ii) Automobile Liability Security Act (Act No. 97 of 1955);
(9) The term “violations of traffic-related acts” refers to “violations of four traffic related acts” and violations of the following acts.
- (i) Road Transportation Act (Act No. 183 of 1951);
- (ii) Road Act (Act No. 180 of 1952);
- (iii) National Highway Act (Act No. 79 of 1957);
- (iv) Parking Lot Act (Act No. 106 of 1957);
- (v) Act on Special Measures concerning Prevention of Traffic Accident Caused by Large-Sized Automobiles Carrying Earth, Sand and Others (Act No. 131 of 1967);
- (vi) Act on Special Measures concerning Regulation of Taxi Services (Act No. 75 of 1970);
- (vii) Consigned Freight Forwarding Business Act (Act No. 82 of 1989);
- (viii) Motor Truck Transportation Business Act (Act No. 83 of 1989);
- (ix) Studded Tires Regulation Act (Act No. 55 of 1990); and
- (x) Act on Regulation of Substitute Driving Service (Act No. 57 of 2001).
(10) The basic categories of Penal Code offenses include the following types of offense variations, unless specified otherwise.
- (i) attempt;
- (ii) preparation;
- (iii) inducement and accessoryship;
- (iv) offenses aggravated by results of an offense such as robbery causing death or injury;
- (v) forms of offenses aggravated or reduced the punishment based on the type of social activities, purposes, or titles, prescribed in the Penal Code other than negligence in vehicle driving / negligence in the pursuit of social activities causing death or injury; and
- (vi) offenses aggravated the punishment prescribed in the Act on Prevention and Punishment of Robbery and Theft
(11) The following Penal Code offense categories include the offenses contained in the parentheses, unless specified otherwise.
- (i) homicide (inducing or aiding suicide and homicide with consent);
- (ii) robbery (homicide or rape at the scene of a robbery);
- (iii) robbery causing death (homicide at the scene of a robbery);
- (iv) injury (incitement of injury);
- (v) intimidation (compulsion);
- (vi) theft (taking unlawful possession of real estate);
- (vii) obstructing performance of public duty (destruction of seals, etc.);
- (viii) counterfeit (counterfeit of documents, etc., false entries in the original of notarized deeds, etc., and the uttering of these documents); and
- (ix) abuse of authority (assault and cruelty by special public officers).
(12) “Embezzlement of lost property” is unlawful appropriation of another person’s property as defined in Article 254 of the Penal Code. The concept is similar to the basic form of the German property offense of “Unterschlagung” in that entrustment of the property is not a required element of the offense.

[Notes]

Where the data source is the Criminal Statistics by National Police Agency:

(1) The term “Penal Code offenses” excludes violations of
- (i) Act on Punishment of Crimes Related to Stamps; and
- (ii) Act on Punishment of Crime to Cause Pollution Harmful for Human Health, but includes violations of
- (i) Act on Punishment of Use and Others of Molotov Cocktails (Act No. 17 of 1972);
- (ii) Act on Special Measures concerning Prevention of Toxic Contamination of Food Distributed Through Marketing Channels (Act No. 103 of 1987);
- (iii) Act on Prevention of Bodily Harm by Sarin and Similar Substances (Act No. 78 of 1995);
- (iv) Act on Punishment of Public Officials’ Profiting by Exerting Influence (Act No.130 of 2000); and
- (v) Act on Punishment of the Financing of Criminal Activities for the Purpose of Intimidation of the General Public and of Governments (Act No. 67 of 2002).
(2) The term “assault” and “intimidation” include aggravated offenses provided in Article 1 and Article 1-3 of the Act on Punishment of Physical Violence and Others, and the term “injury” includes aggravated offenses provided in Article 1-2 and Article 1-3 of the said act.
(3) The term “theft” does not include taking unlawful possession of real estate.
(4) The term “damage to property” includes concealment of letters and aggravated offenses provided in Article 1 and Article 1-3 of the Act on Punishment of Physical Violence and Others, unless specified otherwise.
(5) The term “violations of the Act on Punishment of Physical Violence and Others” is limited to offenses provided in Articles 2 and 3 of the said Act.
(6) The term “negligence in vehicle driving causing death or injury, etc.” includes negligence causing death or injury in traffic accidents on the roads.
(7) The term “special act offense” includes violations of
- (i) Act on Punishment of Crimes Related to Stamps; and
- (ii) Act on Punishment of Crime to Cause Pollution Harmful for Human Health, but excludes violations of
- (i) Act on Punishment of Use and Others of Molotov Cocktails;
- (ii) Act on Special Measures concerning Prevention of Toxic Contamination of Food Distributed Through Marketing Channels;
- (iii) Act on Prevention of Bodily Harm by Sarin and Similar Substances;
- (iv) Act on Punishment of Public Officials’ Profiting by Exerting Influence; and
- (v) Act on Punishment of the Financing of Criminal Activities for the Purpose of Intimidation of the General Public and of Governments.
Where the data source is the Annual Report of Statistics on Correction or Annual Report of Statistics on Rehabilitation:
(8) The term “assault” includes unlawful assembly with weapons.
Where the data source is the Annual Report of Judicial Statistics:
(9) The term “Penal Code offenses” excludes violations of
- (i) Act on Punishment of Crimes Related to Stamps;
- (ii) Act on Punishment of Unlawful Seizure of Aircraft;
- (iii) Act on Punishment of Crime to Cause Pollution Harmful for Human Health;
- (iv) Act on Punishment of Acts to Endanger Aviation;
- (v) Act on Punishment of Compulsion and Other Related Acts Committed by Those Having Taken Hostages; and
- (vi) Act on Punishment of Organized Crimes and Control of Crime Proceeds.
  The term “special act offense” includes violations of these acts.

2. Definition of terms

(1) “Number of reported cases” refers to the number of cases the occurrence of which the police or other investigative authorities came to know of through incident reports, complaints, charges or other causes.
(2) “Crime rate” refers to the number of reported cases per population of 100,000 inhabitants.
(3) “Number of cleared cases” refers to the number of cases that are cleared by the police or other investigative authorities. The number includes cases disposed by the police as trivial offenses etc. in addition to those cases referred to public prosecutors.
(4) “Number of persons cleared” refers to the number of persons cleared by the police or other investigative authorities.
(5) “Number of referred cases” refers to the number of cases referred to public prosecutors by the police and other investigative authorities.
(6) “Number of persons referred” refers to the number of persons referred to public prosecutors by the police and other investigative authorities.
(7) “Clearance rate” refers to the percentage of the number of cleared cases among the number of reported cases. Since “cleared cases” includes cases reported previous to the year, the “clearance rate” sometimes exceeds 100%.
(8) “Number of persons newly received by public prosecutors” refers to the number of suspects of the cases directly detected or received by public prosecutors or received through judicial police officers (including special judicial police officers and inspectors of the National Tax Agency).
(9) “Indictment rate” refers to the percentage of the number of persons indicted among the sum of the number of persons prosecuted and not prosecuted.
(10) “Prosecution rate” refers to the percentage of the number of persons prosecuted among the sum of the number of persons prosecuted and not prosecuted.
(11) “Suspended prosecution rate” refers to the percentage of the number of persons granted suspension of prosecution among the sum of the number of persons prosecuted and granted suspension of prosecution.
(12) “Court of first instance” refers to ordinary trial procedures at district courts and summary courts.
(13) The term “conclusive disposition,” where the data is the Annual Report of Prosecution, refers to the disposition of a case by prosecutors, except transfer between Public Prosecutors Offices or suspension of investigation. Where the data is the Annual Report of Judicial Statistics or the General Secretariat of Supreme Court, it refers to the disposition of a case by courts, except transfer between courts (in Part 3, consolidated cases and those which are not included in conclusively disposed cases as well), unless specified otherwise.
(14) “Suspended execution rate” refers to the percentage of the number of persons granted suspension of execution of the sentence among the number of persons sentenced to imprisonment with or without work for a definite term.
(15) “Previous conviction” refers to having previously been convicted by final judgment.
(16) “New inmates” refers to finally sentenced inmates newly admitted to penal institutions each year for execution of the sentence, equivalent to “newly admitted inmates” in the Annual Report of Statistics on Correction.
(17) “Parole rate” refers to the percentage of the number of inmates released on parole among the total number of inmates released on completion of the term of imprisonment and inmates released on parole.
(18) “Probation rate” refers to the percentage of the number of offenders granted suspension of execution of the sentence with probation among the number of offenders granted suspension of execution of the sentence.
(19) “Visiting foreign nationals” refers to foreign nationals staying in Japan other than permanent residents, special permanent residents, those connected with U.S. forces based in Japan, and those with unclear status of residence. Where the data source is Criminal Statistics or the Criminal Investigation Bureau of the National Police Agency, the term refers to foreign nationals staying in Japan other than established residents (permanent residents, etc.), those connected with U.S. forces based in Japan, and those with unclear status of residence.
(20) “Juveniles newly admitted to juvenile training schools” refers to juveniles newly admitted to juvenile training schools by a decision of commitment to a juvenile training school, and the equivalent of the “newly admitted juveniles in juvenile training schools” in the Annual Report of Statistics on Correction.
(21) “Rate per population” refers to the rate of persons in a specific group per population of 100,000 inhabitants.
(22) “Female rate” refers to the rate of females to the total of males and females.
(23) “Juvenile rate” refers to the rate of juveniles to the total of juveniles and adults.
(24) “Juvenile”
- (i) The term “junior juvenile” refers to a person aged 14 or 15;
- (ii) The term “intermediate juvenile” refers to a person aged 16 or 17; and
- (iii) The term “senior juvenile” refers to a person aged 18 or 19.
(25) “Juvenile delinquent”
- (i) The term “juvenile offender” refers to a juvenile who committed an offense (aged 14 or older at the time of the offense);
- (ii) The term “juvenile offender under 14” refers to a juvenile younger than 14 who committed an act violating laws and regulations of criminal nature; and
- (iii) The term “pre-delinquent” refers to a juvenile who is likely to commit an offense or violate laws and regulations of criminal nature in the future in light of personality or environment and propensity not to submit to legitimate supervision by the custodians.
(26) “Elderly” and “elderly person” refer to a person aged 65 or older, unless specified otherwise.
(27) The term “first time inmate” refers to a person imprisoned in a penal institution for the first time.
(28) The term “reimprisoned inmate” refers to a person who had been imprisoned in a penal institution before and was imprisoned again.
(29) The term “commitment to a children's self-reliance support facility/foster home” as a conclusive disposition by a family court includes commitment to the same type of facilities until March 31, 1998.
(30) The terms “percent distribution” and “proportion” refer to percentage, unless specified otherwise.
(31) “Point” refers to the difference in percentage.
(32) “Judicial police official” refers to police officials and other governmental officials, who are authorized by law to exercise investigatory functions of judicial police officials, pursuant to Paragraph 1 of Article 189 and Article 190 of the Code of Criminal Procedure (Act 131 of 1948), the Provisional Act of Appointment of Judicial Police Officials (Act 234 of 1948) and Concerning Judicial Police Officials and Appointment of Other Officials who Act as Judicial Police Officials (Imperial Ordinance No. 528 of 1923).

3. Abbreviation of special acts

The following abbreviations are used in this paper for the main Japanese special acts. In figures and tables, the term “violation” is omitted for special act offenses except in titles and notes.

[Abbreviation]	[Act]
Foreign Exchange Act	Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949)
Alien Registration Act	Alien Registration Act (Act No. 125 of 1952)
Marine Pollution Prevention Act	Act on Prevention of Marine Pollution and Maritime Disaster (Act No. 136 of 1970)
Act against Child Prostitution and Pornography	Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children (Act No. 52 of 1999)
Firearms and Swords Control Act	Act for Controlling the Possession of Firearms or Swords and Other Such Weapons (Act No. 6 of 1958) (including the Cabinet Order to Control the Possession of Firearms and Swords, etc. (Cabinet Order No. 334 of 1950))
Investment Act	Act Regulating the Receipt of Contributions, Receipt of Deposits and Interest Rates (Act No. 195 of 1954)
Act on Medical Care and Treatment for Insane Persons, etc.	Act on Medical Care and Treatment for Persons Who Have Caused Serious Cases Under the Condition of Insanity (Act No. 110 of 2003)
Anti-Stalking Act	Anti-Stalking Act (Act No. 81 of 2000)
Organized Crime Punishment Act	Act on Punishment of Organized Crimes and Control of Crime Proceeds (Act No. 136 of 1999)
Wildlife Protection Act	Wildlife Protection and Proper Hunting Act (Act No. 88 of 2002)
Internet Dating Site Control Act	Act on Regulation on Soliciting Children by Using Opposite Sex Introducing Service on Internet (Act No. 83 of 2003)
Poisonous and Deleterious Substances Control Act	Poisonous and Deleterious Substances Control Act (Act No.303 of 1950)
Act on Prohibition of Possession of Special Picking Tools	Act on Prohibition of Possession of Special Picking Tools, and Other Related Matters (Act No. 65 of 2003)
Anti-Monopoly Act	Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947)
Specified Commercial Transactions Act	Act on Specified Commercial Transactions (Act No. 57 of 1976)
Immigration Control Act	Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951)
Waste Management Act	Waste Management and Public Cleansing Act (Act No. 137 of 1970)
Spousal Violence Prevention Act	Act on the Prevention of Spousal Violence and the Protection of Victims (Act No. 31 of 2001)
Criminal Proceeds Transfer Prevention Act	Act on the Prevention of Transfer of Criminal Proceeds (Act No. 22 of 2007)
Amusement Business Act	Act on Control and Improvement of Amusement Business, etc. (Act No. 122 of 1948)
Unauthorized Computer Access Act	Act on the Prohibition of Unauthorized Computer Access (Act No. 128 of 1999)
Physical Violence Act	Act on Punishment of Physical Violence and Others (Act No. 60 of 1926)
Car Parking Spaces Act	Act on Assurance of Car Parking Spaces and Other Matters (Act No. 145 of 1962)
Act on Special Provisions for Narcotics	Act Concerning Special Provisions for the Narcotics and Psychotropics Control Act, etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conducts and Other Activities Involving Controlled Substances through International Cooperation (Act No. 94 of 1991)
Narcotics and Psychotropic Control Act	Narcotics and Psychotropic Control Act (Act No. 14 of 1953)
Public Nuisance Prevention Act	Act on Prevention of Public Nuisance Caused by Inebriated Persons (Act No. 103 of 1961)
Worker Dispatch Act	Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (Act No. 88 of 1985)

4. Abbreviation of country names

Abbreviations of country names are based on the “Table of Country Names” compiled by the Ministry of Foreign Affairs.

II. Data Sources

1. Type of statistical materials

Statistics, figures, tables and other calculated data are provided by the following bureaus/department of the Ministry of Justice; Judicial System Department of Minister’s Secretariat, Criminal Affairs Bureau, Correction Bureau, Rehabilitation Bureau and Immigration Bureau. Data are also obtained from various researches and surveys conducted by relevant agencies, as well as from the following official statistics.

Criminal Statistics of the National Police Agency
(Criminal Investigation Bureau, National Police Agency)
Annual Report of Statistics on Prosecution
(Judicial System Department, Minister’s Secretariat, Ministry of Justice)
Annual Report of Judicial Statistics
(General Secretariat, the Supreme Court)
Annual Report of Statistics on Correction
(Judicial System Department, Minister’s Secretariat, Ministry of Justice)
Annual Report of Statistics on Rehabilitation
(Judicial System Department, Minister’s Secretariat, Ministry of Justice)

[Notes]

(1) Criminal Statistics of the National Police Agency was entitled “Crime Statistics” until 1963 and renamed “Crimes in 19xx (various years)” in 1964. For the purpose of this paper, both of them are referred to as “Criminal Statistics of the National Police Agency.”
(2) “Population Census” and “Population Estimates” compiled by the Ministry of Internal Affairs and Communications are collectively referred to as the “Statistics Bureau, Ministry of Internal Affairs and Communications (population data)”.
(3) The statistical data up to 1972 do not include the data of Okinawa Prefecture until May 14, 1972.
(4) All data sources are indicated using the names of ministries and agencies after the reorganization of central government ministries and agencies in January 2001.

2. Coverage of statistical materials

Statistical materials cover the period up to 2012 available at the end of July 2013.

For those statistical data for 2012 that were not available in form of official publication at the time of drafting this paper, raw data offered by relevant agencies were used. Those data are provisional in nature and may differ from the corresponding data in the subsequent publication. In such cases, the relevant figures will be corrected in the White Paper on Crime for the coming years. In addition, the same correction will be made with any change within the official statistical publications.

III. Presentation of Figures and Tables

1. Numbering of figures and tables

The numbering of figures and tables are indicated in the order of the part, chapter, section (for example, Fig. 2-4-3-1 indicates Figure 1 of Section 3, Chapter 4, Part 2).

2. Presentation of values, etc.

(1) Numerical values, etc. in tables are presented as follows:
- (i) “-” zero in number or not applicable
- (ii) “0” number that does not reach one when rounded off
- (iii) “0.0” proportion that does not reach 0.1 when rounded off
- (iv) “…” data/statistical materials not available, or when the parameter is zero
(2) Numerical value in figures are presented as follows:
- (i) “0” zero in number or not applicable
- (ii) “0.0” proportion that does not reach 0.1 when rounded off

IV. Others

1. In the White Paper on Crime, “treatment” refers to treatment that persons cleared by the police or other investigative authorities receive at each stage of prosecution, trial, correction, and rehabilitation.

2. Calculation method

The proportion and percentage, etc. are rounded off. Therefore, the figures for proportion may not add up to 100.0.

In addition, the sum or difference of each proportion is calculated by first adding or subtracting values and then rounding off the resulting value. Thus, the value may not match the value calculated by first rounding off each value and then adding or subtracting rounded off values.

For example, when calculating the difference between 12.76 and 7.53, the result 5.2 obtained by first subtracting 7.53 from 12.76 and then rounding off the value 5.23 does not match the result 5.3 obtained by subtracting the rounded off value of 7.5 from the rounded off value of 12.8.