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

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

(3) Hearings in family courts

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

The juvenile or his/her custodians can appoint an attendant, but they need the 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 the sound development of the juvenile.

The family court may, by a ruling, have a public prosecutor participate in a hearing for a case concerning a juvenile offender involved in a designated serious crime when the court finds that the participation of a public prosecutor in the hearing is necessary for the fact-finding regarding the delinquency. In such 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 issue a ruling not to subject the juvenile to protective measures. When it is found appropriate to take the measures prescribed in the Child Welfare Act (Act No. 164 of 1947), 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 as a result of the investigation or hearing. If the juvenile is 16 years of age or older and has committed a specific serious act, or in other circumstances, the family court, in principle, needs to render a ruling 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 a probation office, referring the juvenile to a children’s self-reliance support facility or a foster home (limited to juveniles younger than 18 years of age), 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 on the grounds of a violation of laws and regulations that affected 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 a ruling of the family court, the public prosecutor may file a request to a high court for acceptance of the case as the court of second instance only on the grounds of a violation of laws and regulations that affected the ruling or a serious error of fact in connection with the fact-finding in the case.