Section 2 Dispositions
Where public prosecutors decide to prosecute a person, they request a public trial or a summary procedure. Public prosecutors decide not to prosecute a person where [1] a precondition for prosecution (e.g., victim’s complaint for certain offenses) is not satisfied, [2] the act does not constitute an offense (or the suspect is not punishable due to insanity, etc.), or [3] the evidence is not sufficient to prove the offense. Public prosecutors may also decide not to prosecute a case even where there is sufficient evidence to prove the offense if they deem it unnecessary to prosecute the case based on factors such as the suspect’s character, age, environment, gravity of the offense and circumstances during or after the offense (suspension of prosecution).
Fig. 2-2-2-1 shows, in relation to persons conclusively disposed by public prosecutors (including negligent driving offenses causing death or injury and road traffic-related violations), the trend in the composition of such persons by type of disposition and the number and percentage of persons prosecuted for trial.
Fig. 2-2-2-1 Persons disposed by public prosecutors: composition by type of disposition and number of persons prosecuted for trial, etc.
Fig. 2-2-2-2 shows the trend in the number of persons prosecuted or not prosecuted and the prosecution rate for [1] Penal Code offenses and [2] Special Acts offenses excluding road traffic-related violations.
Fig. 2-2-2-2 Persons prosecuted/not prosecuted
Table 2-2-2-3 shows the number of persons not prosecuted by reason of non-prosecution (excluding negligent driving offenses causing death or injury and road traffic-related violations).
Table 2-2-2-3 Persons not prosecuted (by reason)
