white paper on crime 2019crimes and juvenile delinquencies, treatment of offenders and juvenile...

White Paper on Crime 2019 - Criminal Justice Policy During the Heisei Era -

Criminal Justice Policy During the Heisei Era

Sharp increase of crimes during the first half of the Heisei Era

(See pages 3 & 4)

Action Plan to Establish a Society Strong on Crime 2003

by Ministerial Meeting Concerning Measures Against Crime i. Prevention of crimes in the neighborhood threatening peaceful lives

ii. Prevention of juvenile crimes through the whole society

iii. Response to transnational threats

iv. Protection of the economy and society from organized crime

v. Development of infrastructure for restoration of a peaceful society

Action Plan to Establish a Society Strong on Crime 2008 Seven priorities including “building a society that does not create

offenders” leading to prevention of re-offending (see page 2)

Decrease of crimes during the second half of the Heisei Era (See pages 3 & 4)

Japan moved from the Heisei Era to the Reiwa Era. The White

Paper on Crime 2019 reports major legislation of laws, trends in

crimes and juvenile delinquencies, treatment of offenders and

juvenile delinquents, and support for crime victims during the

Heisei Era (1989-2019).

Part 1 Major Legislation of Laws During the Heisei Era

Part 2 Trends in Crimes and Juvenile Delinquencies During the Heisei Era

Part 3 Treatment of Offenders and Juvenile Delinquents During the Heisei Era

Part 4 Specific Types of Offenses/Offenders During the Heisei Era

Part 5 Repeat Offenders During the Heisei Era

Part 6 Crime Victims During the Heisei Era

Part 7 Conclusion

Measures Against Crimes

Act for Promotion of Justice System Reform 2001 and

Promotion Plan for Justice System Reform 2002

Legislation of 24 Acts to promote justice system reform by 2004 i. Act on the Expediting of Trials

Define conclusion of the proceeding of the first instance within two

years as its objective

ii. Comprehensive Legal Support Act

Establish Japan Legal Support Center supporting selection of court-

appointed attorneys and assisting victims

iii. Act Partially Amending Code of Criminal Procedure, etc.

Introduce pretrial arrangement proceedings, expedited trial proceedings,

court-appointed attorneys for suspects under detention, indictment based

on decision of committees for the inquest of prosecution

iv. Act on Criminal Trials with the Participation of Saiban-in Introduce Saiban-in trials

Justice System Reform

Outline of White Paper on Crime 2019

Special Features Contents of White Paper on Crime 2019

1

Review Meeting on Prosecution in 2010Report of Legislative Council of the MOJ of 2014Act Partially Amending Code of Criminal Procedure, etc. of 2016 i. Introduce video and voice recording of interrogationii. Introduce an agreement system where the accused agrees to cooperate

with the probe and the prosecutor agrees to dismiss/demand lenient penalty

iii. Introduce transactional immunityiv. Expand the range of permissible wiretap targets and promote

rationalization and efficiency of wiretap procedurev. Expand cases for which court appoints defense counsel for suspectsvi. Introduce issuance system of list of evidencevii. Expand examination of witness through video link

Ministerial Meeting Concerning Measures Against Crimei. Action Plan to Establish a Society Strong on Crime 2008

Prevention of re-offending by released inmates for “building a society that does not create offenders”

ii. Comprehensive Measures for the Prevention of Re-offending 2012Numerical target for criminal policies over the next decade

iii. Strategy to Make Japan the “Safest Country in the World” 2013iv. Declaration of No Return to Crime, No Facilitation of a Return to Crime

2014v. Emergency Measures to Prevent Re-offending by Drug Addicts and

Elderly Criminals 2016Re-offending Prevention Promotion Act 2016 and Re-offending Prevention Promotion Plan 2017

Criminal Justice System in Line with the Time

Prevention of Re-offending

Penal Detention Facilities Act of 2005i. Clarify inmates’ rights and obligations and scope of staff’s authorityii. Improve treatment for sentenced inmates’ rehabilitation and re-integration

e.g. individualized treatment, special guidance for reformJuvenile Training School (JTS) Act and Juvenile Classification Home (JCH) Act of 2014i. Specify treatment based on inmates’ characteristics in JTSii. Specify assessment based on professional knowledge and skills in JCHiii. Introduce JCH’s support within the local community for crime and

delinquency preventionOffenders Rehabilitation Act of 2007i. Specify prevention of re-offending as a goal of rehabilitationii. Organize and expand condition that probationers/parolees must comply

withiii. Improve adjustment of living conditions for parolees

Improvement of Offender Treatment

Notification to Crime Victims 1999Prosecutors, etc. notify disposition of the case, trial date and judgment by

the court to the crime victims.Two Acts on protection of crime victims 2000i. Introduce statement of opinions in court by crime victimsii. Introduce inspection/copy of trial record by crime victimsBasic Act on Crime Victims 2004 and the Basic Plans for Crime Victims, etc. 2005, 2011 and 2016i. Introduce crime victim participation in criminal procedureii. Introduce restitution orderiii. Expand the benefit system for crime victimsiv. Introduce decision to conceal the identities of crime victimsv. Introduce crime victims’ observation of the proceedings of juvenile casesvi. Expand inspection/copy of trial record by crime victimsvii. Introduce travel expenses for participating crime victims

Protection of Crime Victims

2

0

50

100

150

200

250

300

350

400

0

10

20

30

40

50

60

70

80

90

100

1946 1950 1960 1970 1980 1990 2000 2010 2018

103,725206,094

631,037

37.9

(ten thousand cases/persons)

Repo

rted

case

sN

umbe

r of c

lear

ed p

erso

ns

Clea

ranc

e rat

e

(%)Number of reported cases in 2018

Penal Code offenses 817,338■ Theft 582,141■ Penal Code offenses 235,197

excluding theft(Reference)■ Dangerous driving causing 413,969

death or injury, and negligent driving offensescausing death or injury

Penal Code offenses, dangerous 1,231,307 driving causing death or injury, and negligent driving offensescausing death or injury

Clearance rate for Penal Code offenses

Number of cleared persons(Penal Code offenses)

Number of cleared persons(Penal Code offenses, dangerous driving causing death or injury, and negligent driving offenses causing death or injury)

Number of cleared persons(Penal Code offenses excluding theft)

Crime Trends During the Heisei EraPenal Code offenses: reported cases, cleared persons and clearance rate

Rape: reported/cleared cases and clearance rate Special fraud: reported/cleared cases

1,307 1,190

91.0

0

20

40

60

80

100

0

500

1,000

1,500

2,000

2,500

3,000

1989 1995 2000 2005 2010 2015 2018

Reported casesCleared casesClearance rate

(cases) (%)

0

5

10

15

20

25

30(thousand cases)

2004

16,496

16,314

182

5,159

5,026 133

20182010 2015

■ Reported cases (other special fraud)■ Reported cases (money transfer fraud)■ Cleared cases (other special fraud)■ Cleared cases (money transfer fraud)

Note: “Special fraud” is a generic term to refer to certain types of fraud or extortion offenses in which the offender uses telephone or otherdevices to avoid facing victims in person when defrauding them into making money transfers, etc.

3

[1] Offense related to security

[2] Act Against Child Prostitution and Pornography, etc.

0

5

10

15

20

25

1975 1980 1990 2000 2010 2018

Stimulants Control Act

(thousand persons)

10,030

Special Acts offenses: persons received by public prosecutors

Stimulants Control Act violations: persons cleared

Cannabis and other drug violations: persons cleared

0

2

4

6

8

10

12

14

16

18

1989 2000 2010 2018

(thousand persons)

Minor Offenses Act

Firearms and Swords Control Act

7,866

5,835

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

1989 2000 2010 2018

Youth Protection Ordinances

Act Against Child Prostitution and Pornography

Child Welfare Act

(persons)

Internet Dating SiteControl Act

3,576

1,988

60278

Major Special Acts offenses: persons received by public prosecutors

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

1975 1980 1990 2000 2010 2018

(persons)

Cannabis Control Act

Narcotics and Psychotropics Control ActOpium Control Act

2

528

3,762

0

50

100

150

200

250

300

350

400

450

500

550

1949 1960 1970 1980 1990 2000 2010 2018

(ten thousand persons)

Road traffic-related violations

265,522Special Acts offenses excluding road traffic-related violations

89,901

355,423

4

[1] 1989

[2] 2003

[3] 2018

0

5

10

15

20

25

0

2

4

6

8

10

12

1946 1960 1970 1980 1990 2000 2010 2018

Num

ber o

f per

sons

cle

ared

Fem

ale

ratio


Adults

Female ratio

39,719

(%)

Juveniles

20.9

3,401

43,120

Trends in Specific Types of Offenses/Offenders During the Heisei EraPenal Code offenses: persons cleared by age groups and elderly ratio

Penal Code offenses by females: cleared persons and female ratio

21.7

0

10

20

30

40

1989 1995 2000 2005 2010 2015 20180

10

20

30

40(ten thousand persons)

206,094

23,970 36,670 30,882

33,706 36,099 13,363 31,404

(%)

Elderly ratio

■ Under 20 ■ 20～29 ■ 30～39 ■ 40～49 ■ 50～64 ■ 65～69 ■ 70 or older

77.5

43.2

54.4

29.6

13.6

18.3

16.8

20.0

3.1

18.6

13.5

23.0

2.1

7.5

5.7

7.7

1.3

2.2

1.9

4.8

2.4

10.2

7.7

14.8

Femaleelderly

(14,613)

Male elderly(30,154)

Total elderly(44,767)

All agegroups

(206,094)

86.7

45.6

58.6

27.9

4.3

11.5

9.3

22.6

0.9

6.1

4.4

10.3

5.6

26.8

20.1

23.8

0.9

2.4

1.9

2.7

1.6

7.6

5.7

12.8

Femaleelderly(9,400)

Male elderly(20,397)


All agegroups

(379,602)

86.3

43.8

60.2

6.6

24.1

17.4

0.5

4.3

2.9

10.9

2.4

14.3

9.7

11.4

0.7

4.1

2.8

3.4

9.4

7.1

Femaleelderly(2,552)

Male elderly(4,073)


All agegroups

(312,992)

TheftShoplifting

26.2Other theft

36.2Injury/Assault

Embezzlement Fraud 2.9

Others12.4

Penal Code offenses: composition ratio of types of offenses committed by elderly persons cleared (male/female)

5

[1] Penal Code offenses [2] Special Acts offenses

Members of Boryokudan cleared

Penal Code offenses by foreigners: cases/persons cleared

0

5

10

15

20

25

30

35

1989 1995 2000 2005 2010 2015 2018

（thousand cases）（thousand persons）

9,573

5,844 4,221

5,976

Visiting foreign nationals cleared

Other foreign nationals cleared

Cleared cases committed by visiting foreign nationals

Cleared cases committed by other foreign nationals

0

5

10

15

20

25

0

5

10

15

20

25

1989 1995 2000 2005 2010 2015 2018

9,825

(%)

Ratio of members of Boryokudan

Nu

mb

er o

f p

erso

ns

clea

red

4.8

Rat

io o

f m

emb

ers

of

Bo

ryo

kud

an

(thousand persons)

0

5

10

15

20

25

0

5

10

15

20

25

1989 1995 2000 2005 2010 2015 2018

7,056

11.2

(%)

Ratio of members of Boryokudan

Nu

mb

er o

f p

erso

ns

clea

red

Rat

io o

f m

emb

ers

of

Bo

ryo

kud

an

(thousand persons)

0

2

4

6

8

10

12

14

16

1989 1995 2000 2005 2010 2015 2018

6,662

5,238

1,731

1,538

（thousand cases）（thousand persons） Visiting foreign nationals

cleared

Other foreign nationals cleared

Cleared cases committed by visiting foreign nationals

Cleared cases committed by other foreign nationals

Special Acts offenses by foreigners: cases/persons cleared

6

Trends in Juvenile Delinquencies During the Heisei Era Penal Code offenses, etc. by juveniles: juveniles cleared and rate per population

Special Acts offenses by juveniles: Juveniles cleared

[1] Penal Code offenses, dangerous driving causing death or injury, and negligent driving offenses causing death or injury

[2] Penal Code offenses

75.0

57.8

11.2

25.4

9.5

5.0

5.3

8.0

1.7

1.2

4.8

0.7

1.8

0.4

1.2

3.0

2.7

3.0

4.6

2018

Total

(30,458)

2003

Total

(165,973)

1989

Total

(199,644)

Theft

58.6

Embezzlement Injury

Assault

Breaking into a residence 3.3

Damage to property 2.7

Extortion 1.4

Others

11.8

Penal Code offenses by juveniles: composition ratio of types of offenses committed by juveniles cleared

0

5

10

15

20

25

30

35

40

1956 1960 1970 1980 1990 2000 2010 2018

(thousand persons)

Total Drug

offenses

Poisonous and

Deleterious

Substances Control Act

Firearms and

Swords Control

Act

Minor Offenses

Act

7 176 548

1,096 4,354

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

0

5

10

15

20

25

30

1966 1980 1990 2000 2010 2018

Juveniles Adults

182,605

30,458

269.6


Nu

mb

er o

f p

erso

ns

clea

red

Rat

e p

er p

op

ula

tion

173.7

Rate per population

of juveniles

Rate per population

of adults

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

0

5

10

15

20

25

30

35

1946 1960 1970 1980 1990 2000 2010 2018

392.6

Nu

mb

er o

f p

erso

ns

clea

red

Rate per population

of adults

Rate per population of juveniles

564.7

Number of juveniles cleared (Penal Code offenses, dangerous driving causing death or injury, and negligent driving offenses causing death or injury)

Rat

e p

er p

op

ula

tion


44,361

7

　Procedure of Criminal Justice

Judicial Police Officials

Dispositions as trivial offenses 60,548

【New sentenced inmates】 18,272

（Imprisonment with partial suspension of execution 1,537）

【Released sentenced inmates】 21,032

（Imprisonment with partial suspension of execution 1,202）

Commencement of probationary / parole supervision 15,754

Reception 984,819 Penal Code offenses 210,001

Negligent driving offenses causing death or injury 419,395

Disposition 996,145 Special Acts offenses 355,423 (excludes road traffic-related violations 89,901)

Prosecuted 308,721

Public trial 83,768

Summary order procedure 224,953

Not prosecuted 632,323

Suspended prosecution 568,392

Public Prosecutors Offices

Penal Institutions

Probation Offices

Courts

【Finalized judgements】 275,901

Death penalty

2

Imprisonment (with/without work)

Imprisonment without suspension of execution 18,836 Life im-

prisonment

25

Penal detention 1

Imprisonment with full suspension of execution 31,930

Investigation initiated by public prosecutors etc.

Women's Guidance Home

Release on parole 0

Revocation of parole, etc.

Definite term 50,766

Guidance disposition

Family Courts (Juveniles)

Others 309

with probation 2,481

Release

on the completion

of the term of imprisonment

8,523

Imprisonment with partial suspension of execution

1,567

Completion of the term of imprisonment

with partial suspension of execution

210

with probation

Release on parole 12,299

Imprisonment with

partial suspension of execution

992

209 12,299

Numbers denote persons

Non-penal fine for traffic offenses

Courts

Fines 222,841

Petty fines

1,834

Acquittal 123

2,481

Discharge

2018

Termination of the probationary supervision, etc.

Provisional release from workhouse

Detention in workhouse in lieu of payment of fines

Treatment of Offenders/Juvenile Delinquents During the Heisei Era

8

（平成28年） Judicial Police Officials

Family Courts Juvenile cases conclusively disposed 54,796

Measures prescribed

in the Child

Welfare Act

Referral to

Children’s Self-reliance

Support Facilities, etc. 155

Protective measures 15,369

Referral to director

of child consultation

center etc.

139

Juvenile Training Schools

Committal 2,108

Release 2,156

Juvenile

Classification

Homes Committed

6,711

Child

Consultation

Centers

Public Prosecutors Office

Reception 57,191

Referral to family courts 55,101

Juvenile offenders under 14 yrs. old

or

Pre-delinquents

Probationary supervision

12,945

Revocation, etc.

Juvenile offenders

Dismissal

without hearing

23,847

Dismissal after

hearing

11,857

Referral to

public prosecutor

3,584

Release on parole

2,146

Numbers denote persons

New sentenced

inmates in Penal Institutions

(Juvenile Prisons, etc.)

15

Full suspension

of execution

with probation

Imprisonment

with partial suspension of

execution

Release on the completion

of the term of imprisonment

Completion of the term of

imprisonment with partial

suspension of execution

with probation

Release on parole

with partial suspension of

execution

Probation Offices Commencement of probationary/parole supervision 15,091

Those younger

than 16

Transfer of those sentenced

to imprisonment who turn 16

Non-penal fine for traffic offenses

transfer

Courts

Procedure of Juvenile Justice

Discharge

2018

Measures prescribed

in the Child

Welfare Act

Acquittal,

fine, etc.

Termination of the probationary

supervision, etc. Discharge from probation , etc.

9

0

1

2

3

4

5

6

7

8

9

1968 1980 1990 2000 2010 2018


15,091

2,146

6,929

1,582 4,434

0

5

10

15

20

25

0

10

20

30

40

50

1949 1960 1970 1980 1990 2000 2010 2018

Parolees

Probationers granted full or partial suspension of execution

(thousand persons)

Probation ratio of those granted

full suspension of execution

(%)

7.8

3,455

12,299

0

20

40

60

80

100

120

0

1

2

3

4

5

6

7

8

9

10

1946 1960 1970 1980 1990 2000 2010 2018

Others

Sentenced

inmates


Inm

ate

pop

ula

tion

at

the

end

of

the

yea

r

Rat

e p

er p

op

ula

tion

at

the

end

of

the

yea

r

40.0

44,186

Rate per population

at the end of the year 50,578

Inmates

awaiting

judgment

683

5,709

Year-end inmate population of penal institutions and rate per population

0

20

40

60

80

100

0

1

2

3

4

5

6

7

8

9

1989 1995 2000 2005 2010 2015 2018

Rat

e p

er p

op

ula

tion

Nu

mb

er o

f ju

ven

iles

new

ly c

om

mit

ted

Junior juveniles Intermediate juveniles Senior juveniles

(thousand persons)

Rate per population of senior juveniles

Rate per population of intermediate juveniles

Rate per population of junior juveniles

769 240

1,099

44.9

33.0

10.8

2,108

Probationers/parolees newly placed under probation/parole supervision and probation rate of those granted full suspension of execution

Juveniles newly committed to juvenile training schools: number and rate per population, by age groups

Juveniles newly placed under probation/parole supervision

■ Juveniles placed under short-term probation for traffic offenses

■ Juveniles placed under short-term probation

■ Juvenile probationers (excluding those placed under short-term probation or short-term probation for traffic offenses)

■ Juvenile training school parolees

10

[1] Within 2 years [2] Within 5 years

25.4

10.7

16.9

0

10

20

30

40

50

60

70

1996 2000 2005 2010 2015 2017

Released on completion of the term of imprisonment with/without partial suspention of execution

Released on parole

Total

(%)

Repeat Offenders/Juvenile Delinquents During the Heisei Era Penal Code offenses: repeat offenders among persons cleared, and ratio of repeat offender

48.8

0

10

20

30

40

50

0

10

20

30

40

50

1989 1995 2000 2005 2010 2015 2018

(%) (ten thousand persons)

Nu

mb

er o

f p

erso

ns

Ratio of repeat offenders

Repeat offenders

First time offenders 206,094

105,493

100,601

Rat

io o

f re

pea

t off

end

ers

Percentages of reimprisonment of released sentenced inmates, by reasons for the previous release

48.6

30.9

38.6

0

10

20

30

40

50

60

70

1996 2000 2005 2010 2014

(%)

0

10

20

30

40

50

0

2

4

6

8

10

12

14

16

18

1989 1995 2000 2005 2010 2015 2018

(%) (ten thousand persons)

Rat

io o

f re

pea

t ju

ven

ile

del

inq

uen

ts

Nu

mb

er o

f p

erso

ns

35.5

23,489

8,335

Repeat juvenile delinquents

(included number)

Juveniles cleared

Ratio of repeat juvenile

delinquents

Penal Code offenses by juveniles: repeat juvenile delinquents among juveniles cleared and ratio of repeat juvenile delinquents

11

white paper on crime 2019crimes and juvenile delinquencies, treatment of offenders and juvenile...

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