Characteristics and Roles of Japanese Public Prosecutors (From UNAFEI Material Produced During the 71st International Seminar and the 72nd International Training Course, P 67-75, 1986 -- See NCJ-106500)

• NCJ Number: 106505
• Author(s): S Ito
• Date Published: 1986
• Length: 9 pages
• Sale Source: National Institute of Justice/; United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders; NCJRS Photocopy Services
• Language: English
• Country: United Nations
• Note: For microfiche, see NCJ-106500.

Annotation

The role of the public prosecutor in Japan is discussed, with emphasis on the prosecutor's independence, powers, and discretion in various phases of criminal proceedings.

Abstract

The public prosecutor is the only criminal justice official who can take part in every stage of criminal proceedings. The prosecutor is also the only official with the power to decide whether or not to prosecute and to direct the carrying out of sentences. The decisions the prosecutor makes produce a general deterrent effect, as shown by the downward trend in crime in Japan. In addition, the prosecutor has a special prevention role through the power to suspend prosecution in the interests of rehabilitating someone who would otherwise be labeled a criminal. Suspension occurs in about 35 percent of all criminal cases, including 5 percent of serious offenses. Public prosecutors also have the power to investigate all kinds of criminal cases on their own initiative and without any help from law enforcement personnel. The public prosecutor also serves as the advocate for the victim and tries hard to give judges a thorough understanding of the victim's feelings. Japanese law protects the independence of prosecutors from political or other pressures in carrying out their work. Prosecutors are also recognizing the problems caused by delays in court procedures and are working to eliminate them. Data tables.