CRIMINOLOGICAL SIGNIFICANCE OF THE MEASURE OF SUSPENSION OF PROSECUTION IN JAPSN

• NCJ Number: 45341
• Author(s): H MURATA
• Date Published: 1977
• Length: 14 pages
• Publication Format: Document
• Language: English
• Country: Japan
• Note: PRESENTED AT THE 45TH INTERNATIONAL SEMINAR COURSE ON INCREASE OF COMMUNITY INVOLVEMENT IN THE TREATMENT OF OFFENDERS, FEBRUARY 10-MARCH 28, 1977

Annotation

THE THEORY, PRACTICE, AND IMPACT OF DISCRETIONARY PROSECUTION IN JAPAN ARE EXPLORED.

Abstract

THE JAPANESE CODE OF CRIMINAL PROCEDURE PRESCRIBES STANDARDS TO BE USED BY PROSECUTORS IN DECIDING WHETHER TO INSTITUTE PROSECUTION IN A GIVEN CASE. THE STANDARDS COVER MATTERS CONCERNING THE OFFENDER, THE CRIME, AND THE CIRCUMSTANCES FOLLOWING THE CRIME. THE FUNCTIONS OF DISCRETIONARY PROSECUTION ARE TO CONTROL THE NUMBER OF CASES BROUGHT TO TRIAL AND TO CONTRIBUTE TO THE PREVENTION OF CRIME AND THE REHABILITATION OF OFFENDERS. IN JAPAN, SUSPENSION OF PROSECUTION IS APPLIED TO ORDINARY PENAL CODE OFFENSES (22.9 PERCENT OF ARSON CASES, 10.7 PERCENT OF HOMICIDE AND 7.7 PERCENT OF ROBBERIES IN 1975 AS WELL AS TO LESS SERIOUS OFFENSES. WHEN A PROSECUTOR DECIDES TO SUSPEND PROSECUTION, HE OFFERS THE OFFENDER ADVICE, SOMETIMES ASKS FOR A WRITTEN PROMISE OF REFORMATION, AND THEN DELIVERS THE OFFENDER TO A GUARDIAN. HOWEVER, THE REHABILITATION ASSISTANCE ACTUALLY PROVIDED TO OFFENDERS FOR WHOM PROSECUTION IS SUSPENDED IS LIMITED. ONE CITY IS EXPERIMENTING WITH COMBINING THE PROSECUTOR'S AUTHORITY TO SUSPEND PROSECUTION WITH THE FUNCTIONS OF THE PROBATION OFFICE. THE NEED FOR MORE COORDINATION OF THIS SORT AND FOR MORE THOROUGH INVESTIGATIONS PRIOR TO SUSPENSIONS OF PROSECUTION IS NOTED. (LKM)