CRIMINAL JUSTICE SYSTEM IN JAPAN (PART 1)

• NCJ Number: 45328
• Author(s): T MATSUSHITA
• Date Published: 1977
• Length: 11 pages
• Publication Format: Document
• Language: English
• Country: United Nations
• Note: PRESENTED AT THE 45TH INTERNATIONAL SEMINAR COURSE ON INCREASES OF COMMUNITY INVOLVEMENT IN THE TREATMENT OF OFFENDERS, FEBRUARY 10-MARCH 28, 1977

Annotation

THE HISTORY OF JAPAN'S CRIMINAL JUSTICE SYSTEM IS TRACED, AND AN OVERVIEW OF THE POLICE, PROSECUTION, AND COURT COMPONENTS OF THE SYSTEM IS PRESENTED.

Abstract

THE GOVERNMENT OF JAPAN UNDERWENT BASIC CHANGES WHEN THE NEW CONSTITUTION CAME INTO FORCE IN 1947, DURING THE PERIOD OF OCCUPATION BY THE ALLIED POWERS. THE CONSTITUTION CONTAINS NINE ARTICLES THAT DIRECTLY AFFECT CRIMINAL PROCEDURES. POSTWAR INFLUENCES OF ANGLO-AMERICAN LAW OF JAPANESE CRIMINAL PROCEDURE HAVE BEEN MARKED. THE ORGANIZATIONS AND ACTIVITIES OF THE POLICE FORCE ARE REQUIRED TO CONFORM TO PRINCIPLES OF DEMOCRATIC ADMINISTRATION AND SUPREMACY OF LAW. THE PUBLIC SAFETY COMMISSION IS RESPONSIBLE FOR ASSURING THE DEMOCRATIC ADMINISTRATION AND SUPERVISION OF POLICE SERVICES AND THE POLITICAL NEUTRALITY OF POLICE OPERATIONS. IN 1972, THE POLICE-POPULATION RATIO IN JAPAN WAS 1:584. ALTHOUGH THE PROSECUTORIAL SYSTEM HAS BEEN CHANGED CONSIDERABLY SINCE THE DAYS OF THE INQUISITORIAL SYSTEM OF CRIMINAL PROCEDURE, THE PROSECUTION MAINTAINS BROAD DISCRETIONARY POWERS. THE LAW PROVIDES PROTECTIONS AGAINST ARBITRARY EXERCISE OF AUTHORITY BY THE PROSECUTION. IN 1975, THE RATE ON CONVICTIONS FOR PROSECUTORS IN JAPAN WAS 99.98 PERCENT. THE NEW CONSTITUTION ALSO BROUGHT VAST CHANGES IN THE JUDICIAL SYSTEM OF JAPAN. THE COURTS OBTAINED COMPLETE INDEPENDENCE FROM THE EXECUTIVE AND WERE VESTED WITH THE AUTHORITY TO DETERMINE THE CONSTITUTIONALITY OF LAWS, ORDER, REGULATION, AND OFFICIAL ACTS. FOR PART 2 SEE NCJ-45340. (LKM)