1 Procedure before the referral to family courts

(1) Juvenile offenders

When the judicial police official cleared a juvenile offender who committed an offense which is only punishable with a fine or less severe penalty, the official shall refer the case to a family court. For an offense which is punishable by a more severe penalty, the official shall refer the case to a public prosecutor, unless the case was a violation of the Road Traffic Act and hansokukin (administrative fine) was paid in accordance with the traffic infraction notification system. A public prosecutor investigates the case and then refers it to a family court if there is probable cause to suspect that an offense has been committed or any other reason to subject the case to a family court hearing.

(2) Juvenile offenders under 14 and pre-delinquents

The family court may subject juvenile offenders under 14 and pre-delinquents under 14 years of age to a hearing only when a prefectural governor or a child consultation center's director refers the juvenile to the family court.

Police officers may investigate a case when there is probable cause to suspect that a juvenile under 14 has committed an offense. The police shall refer the case to the director of a child consultation center if, as a result of the investigation, they consider that the act of the juvenile involved a specific serious offense. When juvenile offenders under 14 violate laws or regulations involving specific serious offenses, the prefectural governor or the director of a child consultation center is required, in principle, to refer the case to a family court.

A person who discovers a pre-delinquent aged 14 or older must notify the family court of the discovery.