2 Procedure in family courts

(1) Investigation by family courts

A family court is required to investigate any case referred to it. It can order a family court probation officer to investigate the case.

(2) Assessment by juvenile classification homes

A family court may refer a juvenile to a juvenile classification home and request an assessment by a ruling (measures for observation and protection of juveniles) if the assessment is necessary for the hearing. In this case, the juvenile is committed to a juvenile classification home, and the home assesses the juvenile based on the knowledge and techniques it has with medicine, psychology, pedagogy, sociology and other expertise and conducts necessary observation and protection of juvenile.

(3) Hearings at family courts

Based on a result of the investigation, the family court shall give a ruling for commencement or non-commencement of a hearing or other.

The juvenile or the custodians can appoint an attendant, but they need permission of the family court to appoint someone other than an attorney at law as the attendant.

Hearings are closed to the public, but a family court may allow the victims of certain serious cases to observe the hearing upon their request if the court finds it appropriate and unlikely to hinder sound development of the juvenile.

The family court may, by a ruling, have a public prosecutor participate in a hearing for a case involving a juvenile offender concerning a designated serious crime when the court finds that the participation of a public prosecutor in the hearing is necessary to find the facts of the delinquency. In this case, if the juvenile has no attendant who is an attorney at law, the court shall appoint one.

When it is found impossible or unnecessary to place the juvenile under protective measures as a result of the hearing, the family court shall render a ruling not to subject the juvenile to protective measures. When it is found appropriate to take measures prescribed in the Child Welfare Act, the family court shall refer the case to a prefectural governor or a child consultation center’s director. When the person is found to be 20 years of age or older, the family court shall refer the case to a public prosecutor. The family court shall, by a ruling, refer a case punishable by the death penalty or imprisonment with or without work to a public prosecutor if the disposition to refer the case to criminal procedure is found appropriate for the case as a result of the investigation or hearing.

If the juvenile is 16 years of age or older and committed a specific serious act, or in other conditions, the family court, in principle, needs to rule to refer the case to a public prosecutor. Except in the cases mentioned above, the family court shall, by a ruling, subject the juvenile to protective measures. Protective measures include placing the juvenile under probation by the probation office, referring to a children’s self-reliance support facility or a foster home (limited to juveniles younger than 18), or a juvenile training school (generally limited to juveniles aged 12 or older).

The juvenile or the legal representative or attendant of the juvenile may lodge an appeal against a ruling imposing protective measures only for a reason of a violation of laws and regulations that affects the ruling, a serious error of fact or substantial inappropriateness of the measures. In the case where a public prosecutor participated in the hearing by the ruling of the family court, the public prosecutor may file a request to a high court for acceptance of a case as the court of second instance only on the grounds of a violation of laws and regulations that affects the ruling or of a serious error of fact in connection with the fact-finding on the case.