UN Profile - Japan

------------------------------------------------------------------------ 2.0. GENERAL BACKGROUND Japan consists of four main islands and a total land area of 377 765 square kilometres. Of its entire land area, 72% is mountainous and the remaining 28% is relatively flat. The population of Japan as of 1 October 1986, was 121 700 000, the population grew by 4 7000 000 (a rate of increase is 4%) compared with that of 1980. As to the age structure of the Japanese, it can be observed the remarkable speed and extent of the aging of the population structure. Crime committed by the elderly is also on the increase and it is beginning to become a social problem. As provided by the 1945 Constitution of Japan, the government of Japan has the Parliamentary Cabinet system based on the separation of the legislative, executive, and judicial branches. The procedures followed in a criminal case is the same throughout Japan. There is only one territorial jurisdiction and it is on a national level. The Code of Criminal Procedure of 1948 and the Rules of Criminal Procedure of 1949 are the principal sources of law governing criminal procedure. The minimum age limit of `criminal responsibility' is over 14 years old. The family court handles cases involving delinquent juveniles under 20 years of age, and has primary jurisdiction in regard to all juvenile offences, whether they are felonies such as homicides or arsons, misdemeanours such as traffic offences or violations of administrative control laws. The Japanese economy in the 1980-1986 period, on the whole, performed favourably, overcoming the effects of the second oil crisis. The amount of gross national product was 334 652 billion yen in 1986, an increase of 93 805 billion from 1980. Yen rate against dollar appreciated sharply in this period, the average rates for 1980 and 1986 being 226.7 and 168.5 yen/dollar, respectively. The general trends in crime from 1980 to 1986 are reflected in statistics on the number of Penal Code offences known to the police (Table 1). In 1986, the total number of Penal Code offences reported to the police was 2 124 239, an increase of 311 484 (17%) over six years ago. The rate of clearance by the police of known Penal Code offences was 72.2 per cent in 1986. The annual clearance rate from 1980 to 1986 has varied between 69.2 per cent and 72.9 per cent of offences known to the police. This increase in Penal Code offences involved mostly a disproportionate increase in automobile accidents constituting the Penal Code offence of professional gross negligence causing death or bodily injury. TABLE 1 Number of Penal Code Offences Reported and Cleared by Police, and of Suspects of Offences Cleared Number of Number of Offences Offences Number of Clearance Year Reported Cleared Suspects Rate 1980 1812755 1266482 869766 69.9 1981 1925792 1333084 904609 69.2 1982 2005292 1392573 944005 69.4 1983 2039181 1427786 963494 70.0 1984 2080297 1494526 961339 71.8 1985 2121410 1546597 970226 72.9 1986 2124239 1533485 967972 72.2 Selected offences (intentional homicide, assault, theft, robbery) The number of selected offences, reported to and cleared by the police, the number of offenders cleared and the clearance rate between 1980 to 1986 are shown in Tables 2-1 to 2-4. As Table 2-1 shows, the number of reported homicide cases (include an attempted homicide) peaked at 1 780 in 1985, and decreased by 104 to 1 676 in the following year. There was a slight fluctuation, from 96.5 to 97.4, in the clearance rate of homicide cases. TABLE 2-1 Number of Homicides Reported and Cleared by Police, and of Suspects of Offences Cleared Number of Number of Offences Offences Number of Clearance Year Reported Cleared Suspects Rate 1980 1684 1637 1560 97.2 1981 1754 1709 1712 97.4 1982 1764 1713 1768 97.1 1983 1745 1698 1789 97.3 1984 1762 1712 1788 97.2 1985 1780 1717 1833 96.5 1986 1676 1620 1692 96.7 TABLE 2-2 Number of Assaults Reported and Cleared by Police, and of Suspects of Offences Cleared Number of Number of Offences Offences Number of Clearance Year Reported Cleared Suspects Rate 1980 15301 14287 21362 93.4 1981 15851 14768 21315 93.2 1982 14836 13792 19964 93.0 1983 13975 13063 18555 93.5 1984 13615 12959 17670 95.2 1985 12171 11557 15739 95.0 1986 10808 10174 13762 94.1 Note: Clearance rate = number of offences cleared x 100 number of offences reported Source: National Police Agency The number of reported assaults have been showing a downward trend in general from 1981, as shown on Table 2-2. As to the clearance rate of assault cases, it was confined to a small amount of fluctuation, from 93.0 to 95.2. Of the total Penal Code offences reported to the police, theft was the most prevalent offence, comprising 64.7% followed by traffic (professional negligence) offences which accounted for 25.6% in 1986. Among theft offences, motorcycle theft, thefts from vehicles and thefts from vending machines were significant. In 1985, the number of theft cases reported to police reached a peak of 1 381 237, since 1980, but it decreased by 6 141 to 1 375 096 in 1986, as shown in Table 2- 3. The clearance rate of theft cases ranged from 54.7 to 59.9, which was the lower figure compared with such categories as intentional homicide, assault and robbery. TABLE 2-3 Number of Theft Reported and Cleared by Police and of Suspects of Offences Cleared Number of Number of Offences Offences Number of Clearance Year Reported Cleared Suspects Rate 1980 1165609 641382 248389 55.0 1981 1257354 688085 266928 54.7 1982 1313901 726032 281878 55.3 1983 1335258 747981 285178 56.0 1984 1365705 801481 292835 58.7 1985 1381237 827818 281063 59.9 1986 1375096 806634 260533 58.7 As for robbery, the number of offences reported to and cleared by police, the number of suspects and clearance rate are shown in Table 2-4. In 1981, the number of robbery cases reported to and cleared by police reached a peak of 2 325 and 1 895 respectively during the period (1980 to 1986), but showed a downward trend since then, decreasing by 376 to 1 949, and by 366 to 529 in 1986 respectively. The clearance rate of robbery cases from 1980 to 1986 ranged from 74.8 in 1982 to 82.5 in 1985. TABLE 2-4 Number of Robbery Reported and Cleared by Police, and of Suspects of Offences Cleared Number of Number of Offences Offences Number of Clearance Year Reported Cleared Suspects Rate 1980 2208 1667 2064 75.5 1981 2325 1895 2124 81.5 1982 2251 1684 2072 74.8 1983 2317 1799 2069 77.6 1984 2188 1725 2031 78.8 1985 1815 1497 1777 82.5 1986 1949 1529 1842 78.5 Note: Clearance rate = number of offences cleared x 100 number of offences reported Source: National Police Agency --------------------------------------------------------------------------- 2.1. STATISTICS --BACKGROUND --------------------------------------------------------------------------- 2.2. CRIMINAL JUSTICE STATISTICS (1970-1980) Background A. Number of offenders arrested for Penal Code offences, excluding offences of causing bodily injury by negligence (or gross negligence in traffic cases. B. "number of cases known to the police" in Criminal Statistics compiled by the National Police Agency. --------------------------------------------------------------------------- 2.3. Offenses Reported To The Police Crime Years Total Numbers MURDER 70-75 1986 2218 2060 2275 1912 2333 MURDER 75-80 2098 2111 2031 1862 1853 1684 ASSAULT 70-75 82605 74976 69746 70425 61640 55549 ASSAULT 75-80 56080 52842 52410 46850 41897 41344 SEX CRIME 70-75 5161 8448 4677 7584 3956 6666 RAPE 75-80 3704 3239 2945 2897 2810 2610 ROBBERY 70-75 2689 2429 2500 1950 2140 2333 ROBBERY 75-80 2300 2095 2095 1932 2043 2208 THEFT 70-75 1039118 1026432 1006675 974031 1013153 1037646 THEFT 75-80 1037942 1049748 1073393 1136648 1107477 1165609 FRAUD 70-75 58340 49632 57658 54173 49764 51105 FRAUD 75-80 58530 59462 60597 64866 58063 58958 KIDNAPING 70-75 351 317 286 325 196 222 KIDNAPING 75-80 182 171 153 189 130 139 TOTAL CRIMES 70-75 1283263 1234110 1728786 1228849 75-80 1234307 1284155 1268430 1329478 1289405 1418858 DRUG USE 70-75 3476 10564 17844 DRUG CRIMES 75-80 36524 52556 61397 DRUG TRAFFIC 70-75 1043 2112 2139 4334 3290 3333 75-80 BRIBERY 70-75 1276 1141 742 BRIBERY 75-80 1060 1034 765 898 507 807 --------------------------------------------------------------------------- 2.4. Offenders apprehended or arrested OFFENDERS 70-75 383392 254496 356532 249196 379821 246635 OFFENDERS 75-80 364117 395615 363144 430591 368126 448844 JUVENILES 70-75 113720 107712 101610 108346 116251 116652 JUVENILES 75-80 117091 115901 119446 137051 143612 166571 --------------------------------------------------------------------------- 2.5. Offenders Convicted --------------------------------------------------------------------------- 2.6. Sanctions - Background General: The Penal Code provides that principal punishments are classified as death, imprisonment with labour, imprisonment without labour, fine, penal detention, and minor fine, and confiscation is a supplemental punishment. Imprisonment both with labour and without labour shall be either for life or for a limited term of imprisonment not less than one month nor more than 15 years. Nevertheless, when the accumulative crimes include two or more crimes punishable by imprisonment with or without labour for limited terms, or punishment for a recidivist, the term of imprisonment may be extended to 20 years. A fine shall be not less than 4 000 yen. Fines are imposed in a great number of cases in Japan: in 1986, as many as 95.7% of all offenders, including traffic violators, were fined and most of them were disposed of by summary proceedings. This system of summary proceeding for fine or minor fine without a doubt contributes much to reducing the burden on the courts, thereby enabling them to concentrate on the more serious or complicated cases. A minor fine shall be 20 yen or more and less than 4 000 yen. A person unable to pay their fine or minor fine in full shall be detained in a work-house. However, average daily population of work-houses was small and it's number was 148 in 1986. A penal detention shall be for one day or more and less than 30 days, and it shall consist of confinement in a penal detention house. Number of newly admitted prisoners to penal detentions was 77 in 1986. Number of convicted Table 3 shows the number of convicted by category of sentence for 6 years since 1980. The total number Convicted for Penal Code offences or Special Law offences such as the stimulant drugs law, road-traffic violations law and the like, was 2 362 958 in 1986 with an increase of 224 959 (10.5%) over the number in 1980. The majority of this increase was disposed of by fine with an increase of 223 289 from 1980 to 2 260 791 in 1986, and minor fine, rose from 24 780 in 1980 to 27 004 in 1986. Daily average population of penal institutions was 50 596 in 1980, with an increase of 4 752 (9.4%) to 55 348 in 1986. As to the number newly admitted to penal institutions, 32 837 inmates were incarcerated in 1986, an increase of 4 463 (15.7%) as compared with that of 1980. Out of them 30 651 (95.8% male and 4.2% female) were newly sentenced prisoners, and 2 186 were persons who were returned to penal institutions for correctional administrative reasons such as revocation of parole. Seeing the types of offences committed by newly admitted prisoners in 1986, 8 568 (28.0%) were violations of the stimulant drugs control law, and 8 231 (26.9%) were larceny. In 1986, the probation office newly received 18 130 adult parolees from penal institutions, with an increase of 2 924 (19.2%) compared to that of 1980, and received 5 580 juvenile parolees from juvenile training school, an increase of 1 517 (37.3%) compared with that in 1980. As to the newly received adult probationers who were placed on probation by the criminal court upon the pronouncement of suspended sentence of imprisonment, the number decreased from 6 456 in 1980 to 1 602 (19.9%) in 1986. The number of newly received juvenile probationers who were placed on probation by the family court numbered 72 268 in 1986, with an increase of 15 946 (28.3%) over 1980. --------------------------------------------------------------------------- 2.7. Prison Statistics --------------------------------------------------------------------------- 2.8. Criminal Justice Personnel and resources - background The number of personnel engaged in such criminal justice fields as police, prosecution, courts, prison and non-institutional services, as of 31 December 1986, were as follows: Police: The total number of police personnel was 256 546 (male 239 900; female 16 600), an increase of 4 553 (1.8%) over that of 1982. Of whom 217 934 were police officers engaged in patrolling, crime investigation and the like, and 35 697 were in charge of the clerical work. Prosecution: The total number of qualified prosecution personnel was 2 092 (male 2 068; female 24), which was the same number as that of 1982. Judiciary: The total number of professional judges was 2 800 (male 2 701; female 99), an increase of 33 (1.2%) over that of 1982. Prisons: The total number of staff of adult prisons was 15 301, an increase of 63 (0.4%) over that of 1982. Breakdown of the number by functions: 2 121 (13.9%) were management, 11 231 (73.4%) were custodial, 1 133 (7.4%) were treatment, and 816 (5.3%) was other. As for juvenile prisons, the total number was 1 649, an increase of 7 (0.4%) over that of 1982. Breakdown of the number indicated, 239 (14.5%) were management, 1 148 (69.6%) were custodial, 169 (10.2%) were treatment, and 93 (5.6%) were listed as other. TABLE 4 (In Thousands) Total for calendar or fiscal year Criminal Justice Agency 1982 1984 1986 Police 1931681826 2004195159 2181107892 Prosecution 65756122 66220239 70902582 Courts 198193026 209544522 229790264 Prisons (penal and correctional institutions) 120461780 121010708 130042056 Non-institutional services 10138642 10452909 11445296 Non-institutional services The total number of probation officers was 920. In addition to the professional probation officer, about 48 000 persons are on the volunteer probation officer's position throughout the country. Table 4 shows the allocation of budgetary resources to criminal justice activities. --------------------------------------------------------------------------- 2.9. Criminal Justice Resources Statistics POLICE 1973 217775 POLICE 75-80 197000 202000 210000 JUDGES 1973 2600 2703 2726 2747 PROSEC 70-72 2059 1987 2030 2051 2024 2066 --------------------------------------------------------------------------- 3.0. CRIMINAL JUSTICE STATISTICS (1980-1985) A. ' Other ' is comprised of Ars over & battery leading to death. Rape incl indecent assault. Assault battery & other. B Theft = from schools & other; houses; shops; cars. C. Q14.9(i) = Alcoholic drinks (ii) = Drugs. --------------------------------------------------------------------------- 3.1. Offenses Reported To The Police 1980 1981 1982 1983 1984 1985 1986 Crimes Recorded TOTAL 1375461 1463228 1528779 1540717 1588693 1607697 1581411 INT.HOM. 1684 1754 1764 1745 1762 1780 1676 NON.INT.HOM. 221 214 218 188 214 185 186 ASSAULTS 41344 41415 39820 37590 36941 34288 31795 MAJ.ASSAULTS 26043 25564 24984 28615 23326 22113 20987 RAPES 2610 2638 2399 1970 1926 1802 1750 ROBBERIES 2208 2325 2251 2317 2188 1815 1949 THEFTS 1165609 1257354 1313901 1335258 1365705 1381237 1375096 MAJ.THEFTS 290683 301536 302161 297607 302021 300026 296777 FRAUDS 58958 63710 66472 59463 72455 74424 64788 EMBEZZLEMENT 3797 3860 3776 2682 3423 2891 2774 KIDNAPPING 139 122 113 76 82 98 113 DRUG POSS. 7631 7695 7660 7405 7471 7371 7063 OTHER DRUG 27647 30483 31840 31483 31725 30190 27102 BRIBERY 807 765 794 515 475 460 342 OTHER 12272 13804 15596 17346 18593 18567 16014 --------------------------------------------------------------------------- 3.2. Offenders apprehended or arrested Suspected Offenders 1980 1981 1982 1983 1984 1985 1986 TOTAL 392113 418162 441963 438705 446617 432250 399886 INT.HOM. 1560 1712 1768 1789 1788 1833 1692 NON.INT.HOM. 265 261 308 293 276 235 254 ASSAULT 56038 55616 53798 50564 49752 45294 41888 RAPE 2667 2657 2420 1972 1907 1800 1577 ROBBERY 2064 2124 2072 2069 2031 1777 1842 THEFT 248389 266928 281878 285178 292835 281063 260533 FRAUD 13492 14629 15107 13589 14994 15061 13379 KIDNAPPING 87 96 68 65 68 93 85 EMBEZZLEMENT 2186 2254 2238 1588 1976 1796 1470 DRUG POSS. 6265 6430 6479 6202 6599 6452 6202 OTHER DRUG 15191 17007 18286 18583 18942 18168 16468 BRIBERY 701 739 782 587 549 544 436 OTHER 3898 4000 4359 3755 3752 3637 3519 Persons Prosecuted 1980 1981 1982 1983 1984 1985 1986 TOTAL 222560 2261257 2471277 2561124 INT.HOM. 975 1074 1072 1097 1172 1203 1126 NON.INT.HOM. 48 49 48 35 35 28 41 ASSAULT 31905 30720 27792 26489 26197 24562 21623 RAPE 1266 1231 1152 876 875 976 830 ROBBERY 856 1071 900 1072 1069 907 771 THEFT 42808 43981 44707 42216 43355 42485 40062 FRAUD 10433 11619 12261 11025 13378 12793 9955 EMBEZZLEMENT 2118 1925 1939 1610 1858 1783 1637 KIDNAPPING 42 31 43 39 39 77 60 OTHER DRUG 27045 28776 28958 28052 28334 27170 25149 BRIBERY 1083 1076 1119 797 787 655 493 --------------------------------------------------------------------------- 3.3. Offenders Convicted 1980 1981 1982 1983 1984 1985 1986 TOTAL 79417 78740 79174 79239 80144 78769 76305 INT.HOM. 944 888 891 1022 978 974 978 NON.INT.HOM. 320 289 285 282 276 253 274 ASSAULT 4833 4588 4429 4178 4468 4239 3917 RAPE 1052 970 916 698 686 706 702 ROBBERY 695 807 781 763 840 720 686 THEFT 17299 18114 18400 17916 18313 18189 17559 FRAUD 4150 4378 4896 4488 5064 5033 4234 EMBEZZLEMENT 829 869 790 682 784 692 668 KIDNAPPING 40 29 32 31 31 47 44 OTHER DRUG 14569 15737 16366 16011 16551 16138 15497 BRIBERY 318 402 401 358 330 248 251 --------------------------------------------------------------------------- 3.4. Prisoners ( No Data) ---------------------------------------------------------------- 3.5. Criminal Justice Resources Statistics CRJ Personnel 1982 1984 1986 POLICE 251993 253625 256546 PROSECUTORS 2092 2092 2092 PROF.JUDGES 2767 2783 2800 LAY JUDGES 0 0 0 OTHER JUDGES 0 0 0 --------------------------------------------------------------------------- 4.0. Selected Issues Pre-trial detention: The Code of Criminal Procedure requires that the persons arrested by the police, if there is need to detain, must be transferred to the public prosecutors office within 48 hours of arrest. If the public prosecutor who receives custody of a suspect in this way, believes further detention is necessary, he must within 24 hours after he receives custody of the suspect and within 72 hours after the time of arrest, request a judge to authorise detention. A number of the persons awaiting trial or adjudication in custody as of 31 December 1986 was 9 455. As for the time periods required to finalise adjudications in district courts after being indicted, 70.7% were within three months in 1986. Crime prevention activities Steady, increasing efforts for crime prevention are required. Without the active support and understanding of the entire population, crime cannot be eliminated nor can offenders be rehabilitated. Viewed in this light, annual campaigns such as `Movement Toward a Brighter Society' sponsored each July by the ministry of justice, `National Crime Prevention Campaigns' conducted under police sponsorship, `National Sound Youth Nurture Month' sponsored by Youth Affairs Administration Management and Coordination agency are actively promoted. Moreover, private and voluntary associations such as crime prevention associations and traffic safety associations are formed in every police district to undertake various activities aimed at preventing the commission of offences and control dangerous activities. As for juvenile delinquency, the juvenile guidance centre was established and is staffed by police officers, public officials (mainly social workers from local governments), school teachers and volunteers. They go out on the street and offer guidance and counselling to those juveniles who show delinquency. Public participation Active public cooperation is indispensable to effective functioning of the criminal justice system. In addition to the above mentioned field of police work, there is, in the field of prosecution, a unique system called Inquest of Prosecution which was designed to reflect the opinion of lay citizens in handling public prosecutions. Laymen can also take part in court proceedings. One of the examples is the laymen counsel in criminal cases before the Summary Court, Family Court and the District Court. A defendant can select a person or persons, who are not qualified attorneys, to be their own counsel by permission of the court. Various programs for treatment of offenders also have been instituted to involve members of the community in correctional and rehabilitative processes. As for institutional treatment, religious functionaries counsel individual prisoners at the latter's request, and volunteer prison visitors interview and provide guidance to prisoners about their personal problems and future prospects. Regarding the non-institutional treatment, it is characterised by the extensive participation of volunteers. About 48,000 persons have been Volunteer Probation Officers commissioned by the Minister of Justice, whose roles are to help offenders rehabilitate themselves in society and to influence public attitude for the promotion of crime prevention. One hundred Rehabilitation Aid Hostels run by non-governmental bodies under approval and subsidised by the Minister of Justice to provide housing, assistance and guidance to released prisoners and probationers who otherwise would return to or remain in inadequate or criminogenic surroundings. In addition to the above mentioned, Big Brothers and Sisters Associations with some 7 000 members, who counsel juveniles on a one-to-one basis, Women's Associations for Rehabilitation Aid with some 170 000 members and cooperating employers also participate significantly in crime prevention activities and the restoration of rehabilitated offenders into the community. Diversion There are some diversion schemes to avoid imprisonment of offenders at every stage of the criminal justice system. In the field of police work, there is the `disposal on trivial cases by police' in which trivial cases may be disposed of by police officers without referral to public prosecutors offices according to the criteria designated by a public prosecutor. In the field of Prosecution, the public prosecutor is authorised to use `Suspension of Prosecution' to suspend prosecution at his own discretion in consideration of the interests of society and offender, even if there is sufficient evidence to prove the guilt of the offender. In recent years, about 40 per cent of non-traffic Penal Code offenders were granted suspension of prosecution. In the trial stages, in case of the sentence of imprisonment is for not more than three years, the court may, at its discretion, give judgement `suspension of execution of sentence of imprisonment' the rate of application to total sentences of imprisonment was 56.0% in 1986. Parole after service of part of sentence of imprisonment also confirm the belief on the part of citizens that the criminal justice system affords them adequate protection without inflicting unneeded harshness on criminal offenders. TABLE 3 Number of Convicted (1980 to 1986) Category 1980 1981 1982 1983 1984 1985 1986 Total 2137999 2181243 2211640 2375708 2482507 2490816 2362958 Death 7 3 1 1 3 2 0 Life imprisonment with labour 40 33 36 36 43 38 41 Imprisonment with labour 69947 71601 71929 72265 73941 72238 69803 Imprisonment without labour 5690 5051 4817 4977 4947 5088 5197 Fine 2037502 2079519 2110044 2272970 2374394 2383868 2260791 Penal detention 33 53 47 41 41 77 122 Minor fine 24780 24983 24766 25418 29138 29505 27004