MINISTRY OF
JUSTICE
MINISTRY OF
JUSTICE2015 010203040506071008
In order to live in this community it is necessary to
have rules and regulations.
Such rules ensure that family relationships, such as
parents and children or brothers and sister are
accurately registered; that people can live safely
within the community; and that ordered materials can
be obtained without fail.
Furthermore, to preserve peace and order in
society, it is also essential that the person who harms
others or commits a theft is appropriately punished.
The Ministry of Justice not only prescribes such
basic rules applicable in society but also creates basic
judicial framework under which the rules are adhered
to. It also assumes responsibility for a broad range of
legal work under which those who have been punished
are assisted in their resocialization processes.
The Ministry also oversees the management of a
system to help citizens exercise their personal rights,
such as the registration of real estate and notarization.
Other important duties of the Ministry of Justice
are to ensure that the immigration control of those
entering or leaving Japan is dealt with in an
appropriate manner, the basic human rights of
individuals are respected, and intelligence activities
are carried out for the purpose of public security.
Familiar Ministry of Justice
About Ministry of Justice
Preface
Ministry of Justice Challenge for the Future
Toward Japan as the Safest Country in the World
Structure, Historical Background, Quota and
Budget for the Ministry of Justice
Organization of Ministry of Justice
Minister s Secretariat
Extraordinary Organs
Facilities
Extra‐ministerial Bureaus ・・・・・ 33・・・・・ 35・・・・・・・・ 37 ・・・・・ 39・・・・・・ 39・・・・・・ 40 ・・・・・・・・・・・・・・・・・・・・・・・・・・・ 41 ・・・・・・・・・・・・・・・・・・・ 42 ・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 43・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 44・・・・・・・・・・・・・・・・・ 45・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 1・・・・・・・・・ 3・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 46・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 47・・・・・・・・・・ 48・・・・・ 49・・・・・・・・・・・・・・・・・ 51Re‐Offending Prevention
〜Establishing the Safest Country in the World〜
Why Crimes and Delinquencies are Repeated
Comprehensive Measures for
the Prevention of Re‐offending
Enhancement of Guidance and Support
According to Each Offender's Characteristics
Creating a Place to Belong and
Opportunity in the Community
Declaration No Return to Crime,
No Facilitation of a Return to Crime
〜Toward a Bright Society by Everyone Supporting Rehabilitation〜
Efforts to Secure Safety and Security
Support for Crime Victims
Ensuring that the Results of the Justice System
Reforms Take Root
Promotion of Systems for Comprehensive Legal Support
Reinforcement and Revitalization
of Alternative Dispute Resolution
Promotion of Translation of Japanese Laws
Establishing a New Criminal Justice System
that Goes with the Times
Enrichment and Development of Law‐Related Education
Saiban‐in System
Propulsion of the Judicial System
Legal Affairs Bureau
Institution for Marking Your Rights
Improvement of Basic Laws on Civil Matters
Protection of Human Rights
Legal Services
Implementation of Comprehensive Legal Support
by the Japan Legal Support Center
Realization of Basic Right for People in General
Flow of Criminal Cases Committed by Adults
Handling Juvenile Crimes and Delinquencies
What is the Rehabilitation of Offenders?
Smooth Enforcement of Act on Penal Detention
Facilities and Treatment of Inmates and Detainees
Further Improvement of Juvenile Correction
Stable Securing of Volunteer Probation Officers
Enforcement of Proper Criminal Policy
Measures for Smooth and Proper
Immigration Examinations
Points‐Based Preferential Immigration Treatment for
Highly Skilled Foreign Professionals
Immigration Control of Japanese
and Foreign Nationals
Recognition of Refugees
Immigration Control
Propulsion of Global Cooperation
Global Cooperation11・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 52
Main Weekly and Monthly Events
of the Ministry of Justic
Main Weekly and Monthly Events of the Ministry of Justice
Litigation
Uniformed and effectual Handling,
for example court case ralated Japan
Visit
C O N T E N T S
Registration,
Family Registration,
Nationality
Administration, etc.Criminal
Policy
Human
Rights
Immigration
Control
The Ministry of Justice is
closely connected to every member
of the community.
The Ministry of Justice is
closely connected to every member
of the community.12・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 53Kids Room
Kids Room
Cover page: Looking up the building spires from stairs in the Red‐Brick Building・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 25・・・・・・・・・・・・・・・・ 25・・・・・・ 28・・・・・・・・・・・・・・・・・・・・・・・・・ 29・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 31 ・・・・・・・・・・・・・・・・・・・・・・ 32 ・・・・・・・ 13・・・・・・・ 14 ・・・・・・・・・・・・・・・・・・・・・・ 14 ・・・・・・・ 15 ・・・・・・・・・・・・・・・・・・・ 15・・・ 16・・・・・・・・・・・・ 17・・・・・・・・・・・・・・・・・・・・・・・・・・・ 19 ・・・・・・・・・・・・・・・・・・・・・・ 5・・・・・・・・・・・・・・・・・ 7・・・・・・・・・・・・・・・・・・・・・・ 7・・・・・・・・・・・・・・・・・・・・・・ 8・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 8・・・・・・・・・・・・・・・・ 11 ・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 21・・・・ 22 ・・・・・・・・・・・・・・・・・・ 22・・・・・・・ 22 ・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・23・・・・・ 23・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ 24Qualifying Examination
Employment Examination for Services
Ministry of Justice Museum‐Message Gallery
Let s Visit the Ministry of Justice!
09 Qualifying and Employment21
Ministry of Justice
Challenge for the Future
—Three Challenges for Establishing the"Safest Country in the World"—Children’
s Rights
SOS Letter-Cards
(for elementary
school students)
Law-related education class
Toward the Interacting Future
Enhancement of Immigration Administration
Toward the Safe Future
In December 2014, the declaration,"No Return
to Crime, No Facilitation of a Return to Crime"
has been determined by the government.
We have started working on the realization
of a bright society by preventing repeated
offending as well as supporting those who
are on recovery and on rehabilitation with
everyone.
Connection with the world will become more active with the
Tokyo Olympic and Paralympic Games coming up in 2020.
The Ministry of Justice is advancing efforts so that Japan can
welcome foreign visitors safely and efficiently to Japan.
To realize a society where each and every individual can live without anxiety, the Ministry of Justice is working to
develop the careful human rights remedy system, enhance the justice system in which the people can relate to or rely
on, and promote law-related education for the next generation who will be using and creating laws in the future.
Also, the Ministry will actively provide assistance for the improvement of legal systems in different countries as
a country open to the world.
Representatives of individual organizations, receiving the
prime minister’
s of message, asking for the understanding
and cooperation of Re-Offending Prevention Measures
(Publicity Poster for the "The Brighter Society Campaign
65th" Central Promotion Committee)
Automated gate
Examination in a ship by immigration officials
Promotion of Re-Offending Prevention Measures
Toward the Future of Law
System to Protect the People and Society
The mascot for law-
related education
"Hourisu-kun"3 4 Structure, Historical Background, Quota and Budget for the Ministry of Justice
*Figures in parentheses show the number of organizations (as of Apr. 2015)
National Bar Examination Commission
Public Prosecutors Qualifications
Examination Committee
National Offenders Rehabilitation Commission
Evaluation Commission
of the Japan Legal Support Center
Legislative Council of the Ministry of Justice
Public Prosecutors and Notaries Public
Appointment Examination Committee
High Public
Prosecutors Offices (8)Branch High Public
Prosecutors Offices (6)Branch District Public
Prosecutors Offices
(203)
Supreme Public
Prosecutors Office
District Public
Prosecutors Offices (50)Local Public
Prosecutors Offices
(438)
Judicial System
Department
Judicial System Division
Examination and Supervision Division
Public Security
Intelligence Agency
Public Security
Examination Commision
Public Security
Intelligence Bureaus(8)
Public Security
Intelligence Offices (14)Training Institute of the Public Security
Intelligence Agency
Immigration Centers(3)Immigration Bureau
Minister s Secretariat
Correction Bureau
Rehabilitation Bureau
Human Rights Bureau
Branch Institutes(8)
Research and Training
Institute of the Ministry of Justice
Training Institute
for Correctional Personnel
Branch Institutes(8)
Branch Offices(107)
Branch District Legal
Affairs Bureaus(263)
Legal Affairs
Bureaus(8)
District Legal
Affairs Bureaus(42)
Branch Probation
Offices(3)
Probation Offices(50)
Regional Parole Boards(8)
Volunteer Probation Officers
Selection Commissions(50)
Juvenile Prisons (7)Prisons (62)Detention Houses(8)
Juvenile
Training Schools (48)Board of Visitors for Inspection
of Penal Institutions (77)Branch Detention
Houses
(103)
Branch Prisons (8)Branch Juvenile
Training School (4)Branch Juvenile
Classification Home(1)Juvenile
Classification Homes(51)Women s
Guidance Home(1)Regional Correction
Headquarters(8)
Internal organs
of the Ministry
Local branch offices
of the Ministry
Independent
organs
Extraordinary
organs
Facilities Councils
Civil Affairs Bureau
Criminal Affairs Bureau
Regional Immigration Bureaus(8)District Immigration
Offices (7)Branch Offices
(6) Branch Offices(55)Immigration Detention Facilities
Visiting Committee(2)
Minister of Justice
State Minister
of Justice
Vice‐Minister
of Justice
Parliamentary
Vice‐Minister
for Justice
Secretarial Division
Office of Policy Evaluation and Planning
Public Information Office
Computer and Telecommunication Network Systems Office
Office of International Affairs
Personnel Division
Finance Division
Auditing Office
Building Management Office
Facilities Division
Technical Development and Engineering Office
Director of the Welfare Division
General Affairs Division
Registry Information Management Office
Registry Information Center
First Division
Second Division
Commercial Affairs Division
Director of the Civil Legislation Division
General Affairs Division
Research and Planning Office
International Affairs Division
Criminal Affairs Division
Public Security Division
Director of the Criminal Legislative Division
General Affairs Division
Rehabilitation Support Office
Inspection Office
Prison Service Division
Juvenile Treatment Division
Director of the Medical Care Division
General Affairs Division
Rehabilitation Service Development Division
Office of Offender Reentry
Supervision Division
General Affairs Division
Investigations and Remedies Division
Human Rights Promotion Division
Litigation Bureau Litigation Planning and Coordination Division
Research Office
Civil Litigation Division
Administrative Litigation Division
Tax Litigation Division
Director for Litigation Policy Support
General Affairs Division
Refugee Status Recognition Office
Entry and Status Division
Residency Management Office
Adjudication Division
Enforcement Division
Director of the Immigration Control Information Division
しかくORGANIZATION OF THE MINISTRY OF JUSTICE
1871 Shihosho established1947Separated from Shihosho, came under
the jurisdiction of the Supreme Court
1948 Homucho established (Shihosho abolished)1949Renamed Homufu
(with 3 director‐generals and 11 bureaus)19522001
Reorganization of the central government
(with Minister's Secretariat and 6 bureaus)2015Litigation Bureau established
(with Minister's Secretariat and 7 bureaus)
Renamed the Ministry of Justice
(with Minister's Secretariat and 7 bureaus)
Ministry of Justice
Research and Training Institute
of the Ministry of Justice
Legal Affairs Bureaus
Public Prosecutors Offices
Correctional Institutions
Probation and Parole Offices
Regional Immigration Bureaus
Public Security Examination Commission
Public Security Intelligence Agency
Total
Organization
Note:The numbers in the Ministry of Justice include the number of special officers84385
8,948
11,796
23,572
1,770
3,98041,546
52,544
The MOJ FY 2015 Budget totals 737.5 billion yen,
including 494.5 billion (67.0%) in personnel costs. An
additional 1.6 billion is allocated to MOJ from the
"Special Account for Reconstruction from the Great East
Japan Earthquake".
Facilities Costs19.02.6%
Personnel Costs
494.5
67.0%
Other
Non‐Personnel
Costs
224.0
30.4%
FY 2015
Budget
737.5
(Unit: billion yen)
Historical Background
Budget (FY 2015)
Quota (FY 2015)5 601 About Ministry of Justice
About Ministry of Justice 0101About
MinistryofJustice01About
MinistryofJustice
Minister’
s Secretariat
Extraordinary Organs
Facilities
Organization of Ministry of Justice
The Civil Affairs Bureau is responsible for handling matters
such as the affairs regarding the system of the registration of
companies and real estate, family registration, nationality, deposit,
notarization, judicial scriveners, land and house investigators, and
the planning and drafting of civil legislation, such as the Civil Code,
the Commercial Code, and the Code of Civil Procedure.
The Criminal Affairs Bureau is responsible for among other things,
the planning and drafting of criminal legislation, such as the Penal
Code and the Code of Criminal Procedure; the affairs regarding
prosecution; and the affairs regarding extradition of criminals and
fugitives as well as international mutual legal assistance.
The Correction Bureau is responsible for matters concerning the
treatment of inmates (such as security, prison work, education,
classification, medical treatment, hygiene) in the correctional
institutions (prisons, juvenile prisons, detention houses, juvenile
training schools, juvenile classification homes, and the women’s
guidance home); the planning and drafting of correctional
legislation; the organization and management of correctional
institutions; and the international transfer of sentenced persons.
The Rehabilitation Bureau is responsible for administration matters
concerning the offenders rehabilitation system in the community which
includes the parole of inmates of correctional institutions, probation for
juveniles who are under probation, parolees from juvenile training schools /
penal institutions or persons under probation with suspension of execution
of the sentence, crime prevention activities, pardons and measures for crime
victims, and also matters concerning community-based treatment according
to the Act on Medical Care and Treatment for Persons Who Have Caused
Serious Incidents on the Grounds of Insanity or Diminished Capacity.
くろまるSecretarial Division
The Secretarial Division is in charge of secretary work for the
Minister of Justice, etc., overall coordination of administration
of each department, clerical work pertinent to the National Diet,
public relations, liaison, etc.
くろまるPersonnel Division
The Personnel Division is in charge of the general affairs
of National Bar Examination Commission and clerical work
accompanying its exams, etc. as well as clerical work pertinent to
human resources such as the quota, appointment and dismissal of
employees.
くろまるFinance Division
The Finance Division is in charge of the budget, auditing and
revenues and expenditures of the Ministry of Justice.
くろまるFacilities Division
The Facilities Division engages in the design, construction work
and maintenance of the facilities under the jurisdiction of the
Ministry of Justice, and also in international cooperation to help
foreign governments build correctional institutions.
くろまるDirector of the Welfare Division
The Director of the Welfare Division is in charge of clerical work
pertinent to mutual aid associations, the benefits and welfare as
well as efficiency enhancement of the employees, pension and
accident compensation.
くろまるJudicial System Department
The Judicial System Department is in charge of the work of conducting
research and studies as well as drafting of laws and regulations on
the judicial system. The clerical work includes: the work of collecting,
filing, compiling and publishing of data on laws and regulations, court
precedents and legal affairs; the administration of the Legislative Council of
the Ministry of Justice; the administration of the Ministry of Justice Library
and the Ministry of Justice Museum-Message Gallery; the compilation
of statistics on the work handled by the Ministry; matters concerning
comprehensive legal support; matters concerning law-related education;
matters concerning the qualification of attorney-at-law (bengoshi)
certified by the Minister of Justice; matters concerning registered foreign
lawyers as"Gaikoku-Ho-Jimu-Bengoshi (Gaiben)"
; matters concerning
the examination of license and authorization and the supervision of the
claim management and collection companies (servicers); and matters
concerning the certification of private dispute resolution services.
In criminal cases, public prosecutors have the
power to investigate any criminal offense, decide
whether or not to institute prosecution, request
proper application of law to courts and control
/ supervise the execution of judgment, and
furthermore, as representatives of public interests,
they are given more authority by the Civil Code and
other laws.
Prosecutorial power is exercised for the purpose
of the maintenance of the law and order of the
nation and society. The exercise of prosecutorial
power is based on the principle of strict fairness and
impartiality, and cases are handled with due respect
to the human rights of the suspects.
The function of the Public Prosecutors Office is to exercise
control over all the work handled by the public prosecutors.
The public prosecutors offices consist of the Supreme Public
Prosecutors Office (in Tokyo), the High Public Prosecutors Offices
(in Tokyo, Osaka, Nagoya, Hiroshima, Fukuoka, Sendai, Sapporo
and Takamatsu), the District Public Prosecutors Offices (one each
in the 46 prefectures except for Hokkaido, where because of the
large size of its administrative area, there are four offices) and
Local Public Prosecutors Offices (one each in major cities, wards
or towns). Each of the high public prosecutors offices and the
district public prosecutors offices has branches to handle parts of
their work.
Public prosecutors offices are staffed with public prosecutors
(Prosecutor-General, Deputy Prosecutor-General, Superintending
Prosecutors, Public Prosecutors and Assistant Prosecutors) and
public prosecutors’
assistant officers.
The penal institutions consist of prisons which confine inmates
sentenced to imprisonment with or without work, juvenile prisons
which confine sentenced juvenile inmates and detention houses
which confine defendants or suspects awaiting trial.
The treatment of sentenced persons aims at their rehabilitation
and smooth return to society and for this purpose, they are
taken into the most suitable institution after psychological
examinations of their personality characteristics and social
adjustments. The institutions draw up the treatment plans
most suitable for individual sentenced persons and actively
carry out various work, vocational training, living guidance, and
educational programs, etc.
In addition, some prisons, including Ichihara Prison and Ooi
Shipyard Prison Camp (of Matsuyama Prison), adopt"open
treatment"measures, and thus the Ministry is actively introducing
new treatment techniques.
The treatment of defendants awaiting trial is intended to
contribute to smooth trial proceedings by detainment and by
preventing the destruction of evidence while paying due respect to
their basic human rights.
The Human Rights Bureau handles matters concerning the
protection and promotion of fundamental human rights. Its functions
include investigating and handling human rights infringement cases,
providing human rights counseling services, and promoting respect
for human rights. As the field offices of the Bureau, there is a human
rights department in each Legal Affairs Bureau and a human rights
section in each District Legal Affairs Bureau. In addition, Human
Rights Volunteers, who are private citizens appointed by the Minister
of Justice, are placed in each municipality of cities, towns and villages
(including wards of Tokyo) across the country.
L itig atio n Bu reau han dles stat e red ress suit s and
administrative suits in which the State is the party. Furthermore,
they are in charge of clerical work that makes suggestions
from juristic perspectives by request from each administrative
machinery concerning cases which may lead to legal disputes.
The divisions are also responsible for dealing with lawsuits
involving local public entities, independent administrative
institutions and other public juristic persons as prescribed
by Cabinet orders in cases where such suits are found to be
related to the interests of the State.
In addition to the immigration examinations of Japanese
nationals and foreign nationals, the Immigration Bureau processes
the administrative affairs relating to the residency procedures
for foreign nationals staying in Japan, the deportation of foreign
nationals and the recognition of refugees.
The cover of a pamphlet explaining
the meaning and role of prosecution
(For its contents, please refer to the
Ministry of Justice website http://
www.moj.go.jp/keiji1/keiji_keiji12.
html).
The cover of a pamphlet clearly explaining
the various systems in the Public
Prosecutors Office, supporting victims of
crime (For its contents, please refer to the
Ministry of Justice website http://www.
moj.go.jp/ENGLISH/CRAB/crab-02.html).
FUCHU Prison
Minister’
s Secretariat
Public Prosecutors Office
Public Prosecutors
Penal Institutions (Prisons, Juvenile Prisons, Detention Houses)
Civil Affairs Bureau
Rehabilitation Bureau
Human Rights Bureau
Immigration Bureau
Litigation Bureau
Criminal Affairs Bureau
Correction Bureau7 8About Ministry of Justice 0101About
MinistryofJustice01About
MinistryofJustice
A Juvenile classification home confines juveniles who have been
referred by the family court when the court orders"protective
measures."The home conducts assessment of these juveniles
based on the expertise the home has in medicine, psychology
and pedagogye, etc. in order to provide relevant information
for the investigation and hearing by the family court. Such
assessment is conducted by interviews, psychological tests and
behavioral observations as well as by psychiatric examinations
if necessary; the treatment guidelines for their rehabilitation are
drawn up through examination and diagnosis of the mental and
physical conditions of juveniles and through clarification of the
causes of delinquency.
The home also conducts assessment at the request of the
superintendent of juvenile training schools, the director
of probation offices, etc. for the enforcement of protective
measures etc.
Furthermore, the home provides necessary supports such as
counseling and consultation services based on its professional
knowledge and skills for the general public and school teachers
on delinquency, bullying and domestic violence, etc. in order to
prevent delinquency and crime in the local community.
The Women’
s Guidance Home confines adult females who
are rendered"guidance measures"
by the criminal court for
violation of the Anti-Prostitution Act. The home provides living
guidance and vocational training according to the needs for
their rehabilitation.
Juvenile Training Schools confine juveniles etc. who have been
sent from the family court as protective measures and provide
correctional education etc.
At a juvenile training school, the individual treatment plan
which determines the goals, contents, implementation methods,
and terms of correctional education that should be conducted
according to the juvenile’
s traits such as age, physical and
mental condition, and criminal tendencies etc. is drawn up for
each individual, and the training school provides correctional
education by appropriately combining lifestyle guidance,
vocational training, subject teaching, health and physical
education, and special activities.
Juvenile Classification Homes
Women’
s Guidance Home
Juvenile Training School
Photo of a Psychological Test at a Juvenile Classification Home (an image)
OSAKA Juvenile Classification Home
KAKOGAWA&HARIMA Juvenile Training School Photo of guidance on problematic behavior
くろまるResearch
Research activities of the Institute encompass from general
crime trends and the treatment of offenders in Japan to the
analysis on specific crime situation and effective measure to
reduce recidivism. White
Paper on Crime is an
annual publication that
portrays the overall
crime situation in Japan,
and detailed analyses on
thematic research topics
can be found in the
Research Department
Reports and Materials.
くろまるTraining
Various trainings are conducted for the officials of the Ministry
of Justice (excluding correctional personnel and those at Public
Security Intelligence Agency). In the trainings, various training
subjects such as lectures, debates, and exercises are adopted
so that the officials can acquire knowledge and skills needed as
the officials of the Ministry of Justice, depending on their duties.
Through the trainings, the institute is aiming to foster officials
who can respond appropriately to operations that are becoming
diverse and complex in recent years.
くろまるInternational Cooperation
The Research and Training Institute has been actively offering
international cooperation both in the criminal and civil sectors
through: (i) providing training for criminal justice practitioners
and implementing research for developing countries, mainly from
the Asia-Pacific region, in cooperation with the United Nations,
to contribute to, inter alia, the enhancement of countermeasures
against organized crime and corruption, which are major policies
of the UN; and (ii) providing technical assistance to developing
countries mainly in Asia, that are promoting the development
of their legal systems, focusing on the drafting or amending of
fundamental legal codes, as well as the establishment of systems
and status quo necessary for the operation of law, and capacity
building for legal practitioners.
Promoting such international cooperation as mentioned above
has not only contributed to the development of the countries of
the Asia-Pacific region, but has delivered an important message
to the whole world of Japan’
s determination to make active
international contributions from the viewpoint of strengthening
countermeasures against international crimes and promoting
smooth economic activities.
くろまるOperation of the United Nations Asia and Far East Institute for
the Prevention of Crime and the Treatment of Offenders
The Ministry of Justice cooperates with the United Nations in
terms of policy-making and policy implementation in the field
of crime prevention and the treatment of offenders through its
financial and human resource contributions to the United Nations
Asia and Far East Institute for the Prevention of Crime and the
Treatment of Offenders (UNAFEI), established in 1962 based on
the agreement between the United Nations and the Government
of Japan.
くろまるTechnical Assistance in the Legal Field
Japan has invited legal practitioners of target countries to Japan
for training, and has also dispatched Japanese experts to such
countries to conduct advisory activities and to hold seminars.
Japan has so far offered support to such countries as Vietnam,
Cambodia, Laos, Indonesia and Myanmar.
International Training Course at UNAFEI
Mock Trial in Cambodia
URAYASU Center, Research and Training Institute of the Ministry of Justice,
Housing the Research Department and Training Facilities
The Research and Training Institute is one of the agencies of the
Ministry of Justice. The institute conducts a wide range of work,
including (i) research related to criminal justice policies and other
Ministry of Justice affairs, (ii) various kinds of training for Ministry
of Justice officials, and (iii) international cooperation both in
criminal and civil sectors provided for developing countries mainly
in the Asian region.
Research and Training Institute of the Ministry of Justice
White Paper on Crime9 10About Ministry of Justice 0101About
MinistryofJustice01About
MinistryofJustice
The Public Security Examination Commission is an extra-
ministerial organ of the Ministry with the aim of maintaining public
security. Upon receiving an application from the Director-General
of the Public Security Intelligence Agency for regulatory actions
on subversive organizations stipulated in the Subversive Activities
Prevention Act or the Act on the Control of Organizations
Which Have Committed Acts of Indiscriminate Mass Murder,
the Commission examines the application from an objective and
neutral viewpoint and makes a decision on whether any control
measure is necessary or what control measure should be taken.
The Commission is composed of a chairperson and six members.
They are selected from among persons of good character who are
capable of making a fair judgment on the control of organizations
and those who have ample knowledge and experience of both law
and society. They are appointed by the Prime Minister and must
be approved by both houses of the Diet. With regard to application
of the aforesaid laws, the members perform their duties quite
independently, free from any direction or supervision of the Prime
Minister or the Minister of Justice.
くろまるControl of Subversive Organizations
In Japan, there are many organizations and forces which may pose a
security risk to the public. They include: Aum Shinrikyo, which carried
out the subway sarin gas attacks, among others; leftist extremists,
which have repeatedly conducted illegal activities including terrorist and
guerilla attacks; right wing groups; and the General Association of Korean
Residents in Japan.
Based on the Subversive Activities Prevention Act, the Agency conducts
intelligence activities regarding those organizations which have a potential
for subversive terrorist activities. When it is deemed necessary to take
control measures as a result of intelligence activities, the Agency files an
application with the Public Security Examination Commission (see page
12) in order to take control measures such as restricting their activities or
giving them a dissolution order. Also, in accordance with the Act on the
Control of Organizations Which Have Committed Acts of Indiscriminate
Mass Murder, the Agency files an application with the Commission against
organizations that have committed indiscriminate mass murder in the
past and are still considered dangerous in order to take"surveillance
measures"or other measures for preventing a recurrence. At the same
time, the Agency conducts on-site inspections at the facilities of these
organizations under the Commission’
s order for surveillance and carries
out necessary investigations.
くろまるAum Shinrikyo Today
-20 years after the Tokyo Subway Sarin Gas Attacks-
In order to reveal the status of the activities of Aum Shinrikyo,
the Agency conducts surveillance of the cult in an appropriate and
rigorous manner. Investigations and on-site inspections of Aum
Shinrikyo have revealed that the cult still poses a threat in nature:
the cult has increased the number of new followers by recruiting
activities without mentioning its name; the cult also has reinforced
teachings designed to increase the followers’absolute faith in
Asahara, who is currently on death row.
くろまるIntelligence Contribution
There are many challenges to the security of Japan and its
people such as North Korea’
s ballistic missile test-launches, nuclear
development and abductions of Japanese nationals; China’sextensive and rapid modernization of military strength; threats
posed by international terrorism and proliferation of weapons of
mass destruction. These challenges need to be carefully watched.
Especially, Japan has repeatedly faced situations where tensions
became heightened with its neighbouring countries over the territory
and maritime interests of Japan, and these situations have become
The Operations of the Public Security Intelligence Agency
How an On-Site Inspection is Conducted
Public Security Intelligence Agency
Public Security Examination Commission
Work of the Public Security Intelligence Agency
Work of the Public Security Examination Commission
Domestic information and data
Processing information and data as evidence
Control of subversive Organizations Intelligence contribution to State administration
Application for control order
Decision by the Public Security
Examination Commission on control order
International information and data
Collection and analysis
Extra-ministerial Bureaus (Public Security Intelligence Agency, Public Security Examination Commission)
Subversive Activities Prevention Act
Act on the Control of Organizations Which Have Committed Acts of Indiscriminate Mass Murder
The Subversive Activities Prevention Act provides for necessary
restrictive measures against organizations that have committed
violent subversive activities, such as insurrection, disturbance, or
homicide, with the aim of creating civil commotion or achieving their
own political purposes, where such activities posed a serious threat
to the peaceful lives of citizens. The Act also provides a means to
complement the usually applicable punitive provisions regarding
such activities to help ensure public safety in Japan.
The Act provides that, if an organization that has committed
violent subversive activities is determined to pose a threat, and
if apparent risk for conducting further activities is detected,
the organization shall have its activities under restriction or be
disbanded. It also provides for additional or stricter punishments
for organizations that have committed violent subversive
activities; the Act stipulates that proper punishments be inflicted
on violent subversive activities that might not be covered by the
provisions of the Criminal Code or other laws, or that could only
be dealt with by a lenient punishment. (Enforced in 1952)
The Act on the Control of Organizations Which Have Committed
Acts of Indiscriminate Mass Murder is intended to contribute to
securing the public security of Japan by prescribing necessary
control measures in order to reveal the status of the activities
of organizations which have committed an act of indiscriminate
mass murder in the past and which are still found to possess
a menacing nature, or to prevent the recurrence of an act of
indiscriminate mass murder.
The Act provides for measures, aiming to prevent those
organizations from committing indiscriminate mass murder again,
such as the submission of mandatory reporting, surveillance action
that legally authorizes the Agency to conduct on-site inspections,
prohibition of acquisition and use of facilities, and/or prohibition
to receive donation of money and goods. The Act also stipulates
to impose appropriate punishment against prohibited conducts or
rejection of on-site inspection. (Enforced in 1999)
The Public Security Intelligence Agency is an administrative
organ whose duties are to integrally conduct functions including
intelligence activities and request for dispositions regarding the
control of subversives and other relevant organizations based
on the Subversive Activities Prevention Act and the Act on
the Control of Organizations Which Have Committed Acts of
Indiscriminate Mass Murder.
Furthermore, as a core member of the Japanese intelligence
community, the Agency contributes to relevant governmental
policies by providing relevant organs on a timely basis with
domestic and foreign intelligence / materials collected through
investigation and related to the public security of Japan.
くろまるHistory
The Training Institute for Correctional Personnel is a venerable
institute whose predecessor is the Prison Officers Training Institute
of the old Home Office established in 1890. It has a long history
and tradition as a training institution for public officers.
After its establishment, the Institute was renamed a number of
times, but in 1969, it was reorganized into the present structure
by the amendment of the Ministry of Justice Establishment Act.
Training Institute for Correctional Personnel Training at the Training Institute for Correctional Personnel
Training Institute for Correctional Personnel
The Training Institute for Correctional Personnel of the Ministry of Justice provides training programs necessary as a matter of duty for
personnel engaged in correctional services.
matters of great concern to the government and relevant organs
of Japan. It has become one of the most important missions of the
Agency, which is tasked to secure public security, to collect and
analyze relevant intelligence with regard to these challenges, thus
contributing to the government’
s policies by providing relevant
organs with the intelligence.
くろまるNational Security Council and Public Security Intelligence Agency
In December 2013, the National Security Council was established
as the control tower for diplomacy and national security of Japan.
The Public Security Intelligence Agency provides the National
Security Council on a timely basis with intelligence/materials for
deliberation at the council.
11 12
About Ministry of Justice 0101About
MinistryofJustice01About
MinistryofJustice
The Number of Reimprisoned Inmates Among Imprisoned Inmates/Changes in the Rate of Reimprisoned Inmates (1994-2013)0 10 20 30 40 50 60 70 05000
10000
15000
20000
25000
30000
35000
1998 2003 2008 2013199458.9(%)Reimprisoned inmates:13,407
First‐time inmates:9,348
(persons)
Reimprisoned inmates First‐time inmates Rate of reimprisoned inmates
(Note 1)
Annual Report of Statistics on Correction
(Note 2)
First‐time inmates refer to inmates imprisoned to penal institutions for the first time and
"reimprisoned inmates" refer to inmates who had previously been imprisoned to penal institutions.
Rate of Inmates Reimprisoned for the Same Crime (by type of offense) (2013)
1Total
Theft
(4,793)
Stimulants Control Act
(4,271)
Fraud
(849)
2Female
Theft
(439)
Stimulants Control Act
(389)
(Note 1)
Annual Report of Statistics on Correction
(Note 2)
"Reimprisoned inmates" refer to inmates who had previously been imprisoned to penal institutions.
(Note 3) ( )
is the actual number of inmates.46%75% 25%
72% 28%
46% 54%
88% 12%
86% 14%
Comprehensive Measures for the Prevention of Re-offending
At the Ministerial Meeting Concerning Measures Against Crime
in July 2012, the"Comprehensive Measures for the Prevention of
Re-Offending"that stipulated the mid- to long-term efforts of the
government against re-offending prevention was established.
In the strategy, a numerical target to"decrease the rate of
inmates who become reimprisoned within two years of release
from prison by more than 20 percent in ten years"was set for the
first time as the Government’
s efforts for re-offending prevention.
Please read the following page for details.
Various approaches have been made from the perspectives
of psychology and sociology etc. for the causes of crimes,
however, those who are released from prison generally have
the following problems:
1) individual problems such as drug dependency are serious;
2) connections with families and local communities have
become diluted resulting in isolation
As a result of these problems, they have difficulty in
acquiring occupation necessary to live as independent
members of the society or finding places to live with peace
of mind. For example, about 70 percent of inmates who
become imprisoned by re-offenses were out of work at the
time of re-offending. Also, about 6,400 inmates are released
from prison every year with no place to go back, and among
those, one out of three inmates go back to prison by re-
offending within two years.
To hold them back from repeating crimes or delinquencies,
it is necessary to provide effective guidance or approach
to overcome problems of each person, or implement efforts
to secure"occupation"or a"place to belong"necessary to
become independent in a society.
Then why are crimes and delinquencies repeated?
Why Crimes and Delinquencies are Repeated
Those who commit"theft"and those who are charged with
the"violation of the Stimulant Drugs Control Act"tend to re-
offend which results in a high rate of offenders who go back
to prison. As for women, the re-offending rate of"theft"and
the"violation of the Stimulant Drugs Control Act"goes up to
about 90 percent, therefore, the tendency of re-offending with
the same crime is high.
Ensuring favorable public security is not only
prerequisite for the success of the Tokyo
2020 Olympic and Paralympic Games, but
also an important basis to enable women and the
young to flourish at ease in the community. It is also
an important issue that could be the"foundation"of
the construction of the locality.
At the Ministerial Meeting Concerning Measures
Against Crime in December 2013, the" Strategy
to Make‘Japan the Safest Country in the World’
"
was approved, and while efforts for comprehensive
crime control were made by the government as a
whole based on the strategy, the number of crimes
recognized decreased, therefore, improvement can
be seen in the public security of Japan.
However, while survey results show that about
60 percent of crimes are conducted by about 30
percent of repeated offenders, the rate of offenders
returning to prison has been increasing since 2004,
and the rate has become about 60 percent in 2013.
Taking the above facts in consideration, the
question of how we would prevent the repetition of
crimes and delinquencies (= the prevention of re-
offending) is a major challenge for the reduction in
the number of crimes as well as for the construction
of a society where people can live safely in peace.
What kind of issues to be addressed in order to build the safest
country in the world?
Re-Offending Prevention 〜Establishing the Safest Country in the World 〜
13 14
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Enhancement of Guidance and Support According to Each Offender's Characteristics
Creating a"Place to Belong"and"Opportunity"in the Community
There are various factors for committing crimes or turning to
delinquency, however, to prevent re-offending, it is necessary
to take effective approach to each problem as well as to give
guidance and support to overcome their problems.
Therefore, prisons, juvenile training schools and probation offices
are seeking to enhance effective and seamless treatment based
on empirical studies and bases according to each offender’scharacteristics.
When re-offending rates of those who have occupation and those
who do not have occupation are compared, the re-offending rate of
those who are out of work is four times as high compared to the rate
of those who are in work. If the unemployed can go into work, they
can not only gain steady incomes but also be expected to establish
interpersonal relationships through work which will then lead to great
opportunities to overcome as independent members of the society.
However, difficult situations remain for those who have
committed crimes or turned to delinquency to obtain work due to
their qualifications and previous criminal records.
The Ministry of Justice is engaging in job assistance in
cooperation with not only prisons and probation offices but also
with various organizations in the community as well as private
citizens such as cooperative employers, etc.
Ensuring Occupation to Lead an Independent Life
At Prisons, for inmates who have
difficulty in rehabilitation or smooth
return to society because of having
certain reasons such as drug
dependency, the following programs
are conducted:
だいやまーくGuidance to Overcome Drug
Dependency
だいやまーくGuidance to Stay Away from Organized Crime Groups
だいやまーくGuidance for Re-Offending Prevention from Sexual Offenses
だいやまーくEducation Adopting the Perspectives of Victims
だいやまーくGuidance for Traffic Safety
だいやまーくGuidance for Job Assistance
Workgroup at a Prison
Division of Care Welfare
Cooperative employer
Cleanup activity at a dry riverbed
Preparation assistance for serving
lunch at a welfare facility
At probation offices, in addition to specialized treatment such
as treatment programs for sexual offenders or drug-related
criminals, etc. efforts for social contribution activities etc. have
been implemented.
くろまるVocational Training that Meets the Needs of the Society
At prisons or juvenile training schools, vocational training that will lead to employment in types
of businesses with high social needs such as construction industries and care welfare industries is
conducted.
Also, in addition to the acquisition of technique and skills, the facilities give guidance to enable
them to acquire manners and abilities needed for work such as manners as members of a society or
communication abilities in the workplace.
くろまるEfforts in the Community
Companies that employ those released from prison by understanding their conditions are called"cooperative
employers"(see page 38).
The Ministry of Justice is enhancing measures for economic assistance toward"cooperative employers"
as well as promoting the foundations etc. of support systems where companies can continuously and safely
employ released inmates.
To match the job offer of companies which wish to employ released inmates and the job
seeking of those inmates, new efforts have been advanced in that companies can post job
offers at certain correctional institutions through job-placement offices.
The Ministry of Justice is seeking companies that are willing to become"cooperative employers."
くろまるGuidance Provided at Prisons and Probation Offices
Examples of social contribution activities
Employment Information
for Inmates
For inmates who can ask their relatives for help, adjustments have been
undertaken so that they can be supported by their relatives after release.
Meanwhile, the repetition of criminal behavior leads to estrangement.
They become isolated since there is no one to support them, therefore,
for those who do not have places to go back, efforts are being made
to provide them with places to stay for a time such as relief and
rehabilitation facilities (see page 37).
Also, for inmates who have difficulty in leading independent lives such
as the elderly or disabled, improvements have been made on the systems
in cooperation with prisons /probation offices and local public authorities
so that they can receive appropriate welfare services even after their
release.
Ensuring a Place to Belong in the Community
Education at a relief and rehabilitation facility
くろまるFunctional Enhancement of Relief and Rehabilitation Facilities and
Securement of Various Places to Stay
To enhance treatment for inmates who have difficulty in leading independent lives such as the
elderly or disabled or those who are drug dependent, officials with professional qualifications in
welfare and psychology fields are placed. Acceptance mechanisms at relief and rehabilitation
facilities are being enhanced, and from FY 2011, efforts are being made to secure various places
to accept them taking advantage of welfare hotels (self-support homes) which are managed by
incorporated non-profit organizations etc.
Declaration"No Return to Crime, No Facilitation of a Return to Crime"
(Toward a Bright Society by Everyone Supporting Rehabilitation)
To realize"Japan the Safest Country in the World,"where
crimes are not repeated, above all where no new victim is
created as well as where the citizens can live safely in peace, it is
indispensable to create social environment where everyone can
accept those who committed crimes or turned to delinquency
once again in natural manners without rejecting and isolating them
as responsible members of the society (RE-ENTRY). For the realization of such society, the declaration"No Return to
Crime, No Facilitation of a Return to Crime"was approved at the
Ministerial Meeting Concerning Measures Against Crime held in
December 2014.
In the declaration, the following targets are articulated to secure
"occupation"and a"place to belong,"which are the keys to
prevent re-offending, by 2020:
1 triple the number of companies which are willing to employ
those who have committed crimes or turned to delinquency
by understanding their conditions
2 reduce the number of those who return to society from
prisons without no place to go back by more than 30 percent.
The declaration explicitly asks for the efforts of the country
and support from the citizens by setting the above two
numerical goals.
The prevention of re-offending is not an easy aim, however, this
is an issue which we should never give up.
The Ministry of Justice will face this issue squarely and
will continue to tackle and advance the problem by gaining
understanding and cooperation of the citizens as much as possible
for the realization of"Japan the Safest Country in the World."
On the homepage for measures for the prevention of re-offending, various kinds of information on re-offending
prevention such as the"Comprehensive Measures for the Prevention of Re-Offending"or the"Declaration:
‘No Return
to Crime, No Facilitation of a Return to Crime’
"are broadly introduced.
The contents will be updated as needed. We look forward to your visit.
For further information on the prevention of re-offending 検 索
再犯防止対策
A room of a relief and rehabilitation facility
15 16
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Efforts to Secure Safety and Security
In the past, Japan boasted its well-maintained public peace,
but in 2002, the number of general penal code offenses that were
identified by the authorities increased up to about 2,850,000 cases,
the worst number in postwar history. Meanwhile, the clearance
rate dropped drastically and remained at a very low level, which
made the deterioration of public safety an issue of grave concern
to the nation.
Under such circumstances, the Government established the
Ministerial Meeting Concerning Measures Against Crime in 2003,
which formulated in 2003 and 2008"The Action Plan for the
Realization of a Society Resistant to Crime"
; the Government has
actively been promoting comprehensive measures for making
the whole society resistant to crimes by taking countermeasures
against crimes and by improving the social environment in which
criminal activities are difficult to occur.
As a result of such measures, some improvements were
made in that the number of general penal code offenses that
were identified by the authorities decreased by more than half
compared to the worst level after World War II. The public opinion
poll conducted in July 2012 by the Cabinet Office, however,
revealed that the concerns about public safety were still high.
In addition, in view of new threats such as cybercrimes and
international terrorism, as well as the Tokyo 2020 Olympic and
Paralympic Games, it is necessary to further reduce crimes, and
at the same time, to strain to foster the sense of trust among the
people about public safety. For this reason, in December 2013,
"The Strategy to Make‘Japan the Safest Country in the World’
"
compiled at the Ministerial Meeting Concerning Measures Against
Crime, was approved in a Cabinet meeting.
Based on this strategy, the Ministry of Justice is taking measures
for the prevention of re-offending (see pages 13 to 16) and making
various efforts such as those described below.
The Strategy to Make "Japan the Safest Country in the World"
Given the current situation of cybercrimes, other crimes
associated with the advancement of information processing, and
crimes obstructing compulsory execution, The Bill for Partial
Amendments to the Penal Code and Other Related Laws was
submitted to the ordinary Diet session in 2011; its purpose was to
ensure appropriate responses to these crimes and to cope with
the advancement of information processing. The most part of the
penal provisions of the Code was enforced on July 14 of the same
year, and those for procedures were enforced on June 22, 2012.
The Bill for Partial Amendment to the Penal Code and Other Related Laws
In order to deal effectively with the frequently occurring atrocious
crimes committed by foreign nationals and the increase in the
number of transnational crimes, it is necessary to gather evidence
from abroad more effectively and to enhance cooperation between
the investigative authorities of foreign countries and Japan.
As part of such enhancement of cooperation, the Japanese
Government concluded the Treaty between Japan and the
United States of America on Mutual Legal Assistance in Criminal
Matters (entered into force on July 21, 2006), the Treaty between
Japan and the Republic of Korea on Mutual Legal Assistance in
Cooperation Between the Investigative Authorities of Foreign Countries and Japan
Number of Reported Cases and Clearance Rates for General Penal Code Offenses (1996-2013)
1,314,48330.00
500000
1000000
1500000
2000000
2500000
30000000102030405060(%)
(cases)
Number of reported cases
Clearance rate
Source : Criminal Statistics by National Police Agency
Clearance rate
Number of reported cases
1998 2003 2008 20131996 In order to protect people’
s lives and safety, it is highly important to prevent those who intend to enter Japan for illicit purposes, such as
terrorists and criminals who disguise themselves as tourists, from entering the country at the border. To ensure that such illegal entrants
are identified, the Immigration Bureau conducts strict and effective immigration examinations through the methods described below.
Measures at the Border
Along with measures at the border, it is also important to reduce
the number of foreigners who are now residing illegally in Japan
for the restoration of security. The Immigration Bureau is striving
to reduce the number of illegal foreign residents by reinforcing
the detection of illegal residents, performing safe and reliable
forced repatriation, and implementing public relations activities for
prevention of illegal employment.
In addition, the existence of fraudulent foreign residents,
who work illegally disguising themselves as legal residents, has
recently become a problem; they falsify their identities as well as
the purpose of their activities and obtain residence permission
by using falsified or altered documents. Thus, the bureau will
promote the analysis of information on foreign residents whose
information can be obtained from the new residence management
system introduced in July 2012. Through the analysis the bureau
will endeavor to build a society where there is no illegal foreign
resident--made possible by assembling pictures about foreign
residents and by taking active measures against fraudulent foreign
residents by accurately performing procedures to revoke their
status of residence.
Measures Against Illegal or Fraudulent Foreign Residents
Immigration examinations using personal identification information
Penal Institutions
Even though the overall number of inmates falls below the
capacity, female penal institutions are still overcrowded. Also,
many inmates who require great time and effort for treatment
compared to general inmates, such as elderly inmates, are
imprisoned. As a result, the workload of the personnel is
increasing.
Under such circumstances, efforts are being made to renovate
old facilities, and at the same time, the security systems are being
improved and reinforced, so that escapes and other incidents can
never occur. In addition, efforts are being made to further improve
the capabilities of the personnel for the execution of duties so that
they are able to respond to different types of inmates. In order
to create a new option for transfer of sentenced foreign persons
to the personnel, the processes have been advanced toward
the conclusion of bilateral treaties on the transfer of sentenced
persons with Brazil, Iran, and other countries.
Criminal Matters (entered into force on January 26, 2007), the
Treaty between Japan and the People’
s Republic of China on
Mutual Legal Assistance in Criminal Matters (entered into force
on November 23, 2008), the Agreement between Japan and the
Hong Kong Special Administrative Region of the People’
s Republic
of China on Mutual Legal Assistance in Criminal Matters (entered
into force on September 24, 2009), the Agreement between Japan
and the European Union on Mutual Legal Assistance in Criminal
Matters (entered into force on January 2, 2011) and the Treaty
between Japan and the Russian Federation on Mutual Legal
Assistance in Criminal Matters (entered into force on February
11, 2011). These treaties and agreements have made it possible
to send and receive requests for collection of evidence directly
between the Ministry of Justice or other competent authorities
of Japan and the judicial authorities of respective countries or
region, not through diplomatic channels, enabling expedition of
procedures. The Ministry of Justice is planning to strengthen
cooperation with other countries as well in the future.
くろまるImmigration Examinations Using Personal Identification
Information (Fingerprints and Facial Photographs)
Based on such information, the bureau is striving to prevent the entry of
terrorists or those who intend to illegally enter the country with forged or
altered passports hiding their records of deportation.
くろまるUtilization of Information on Lost or Stolen Passports Provided by
the International Criminal Police Organization (ICPO)
In order to prevent terrorists etc. who impersonate others from entering
the country using lost or stolen passports, immigration examinations are
carried out utilizing ICPO’
s database on lost or stolen passports.
くろまるUtilization of APIS (Advance Passenger Information System)
The bureau is striving to identify terrorists etc. by obtaining passenger
information in advance regarding aircrafts and vessels entering Japan and
closely checking them against the terrorist blacklist.
Jan, 2013
Jan, 2014
Jan, 2012
Jan, 2011
Jan, 2010
Jan, 2009
Jan, 2008
Jan, 2007
Jan, 2006
Jan, 2005
Jan, 20046259677892113150171194207219(Month, Year) Number of overstayers
(thousand persons)
Changes in the Number of Foreign Overstayers (Jan. 2004-Jan. 2014)
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In view of the Tokyo 2020 Olympic and Paralympic Games,
creating a terrorism-resistant society is required. In the light of
the prevention of terrorism, among others, the Public Security
Intelligence Agency further intensifies cooperation with domestic
and foreign agencies concerned, and at the same time, endeavors
to collect and analyze intelligence to find out the presence of any
individuals, bodies, or organizations suspected of involvement in
terrorism as well as to reveal their moves.
The Public Security Intelligence Agency also makes every
endeavor to collect and analyze relevant intelligence on the issues
of abducted Japanese nationals and nuclear/missile developments
conducted by North Korea, as well as of the proliferation of
weapons of mass destruction and other activities detrimental to
Japan.
As to Aum Shinrikyo, the group has split into two groups
because of differences in how they perceive the intention of Shoko
Asahara, also known as Chizuo Matsumoto, and in action policies
to realize the goal of each group; the mainstream group goes by
the name of"Aleph"and the group by Fuminiro Joyu goes by
the name of"Hikarinowa"both of which have been active. These
days, the groups have expanded activities by vigorously attracting
a large number of new followers. The on-site inspections on the
mainstream group have revealed that photos of public security
intelligence officers are skewered with knife-like objects and placed
near the altar. Even after 20 years since the subway sarin gas
attack, the cult still retains its dangerous and antisocial nature,
expanding its influence. The Public Security Intelligence Agency is
fairly and strictly implementing surveillance and shedding light on
their activities in an effort to secure public security and to ease the
feelings of fears and anxiety of concerned local residents.
Public Security Intelligence Agency
"Review and Prospects of Internal
and External Situations"
(2015 Edition)
"Summary of
International Terrorism"
(2014 Edition)
くろまるProcedure for Payment Based on the Recovery of
the Property of Crime Victims
Under the"Act on Recovery Payment to be Paid from Assets
Generated from Crime," it is now possible, under certain
conditions, to confiscate such property taken by offenders
from crime victims through property offenses and to use the
confiscated property for the recovery of damages suffered by the
crime victims of relevant cases.
くろまるVictim Participation System
The victims etc. of crimes such as murder or injury may, when
they so wish and with the court's permission attend the trial dates
and engage in activities such as questioning of the defendant
under certain requirements.
くろまるTravel Expenses Payment System for Victim
Participants
To reduce the economic burden of victim participants under
the victim participation system, a system has been established
whereby the government pays travel expenses, daily allowances,
and accommodation charges to victim participants who appear on
the trial dates, etc.
くろまるState-Appointed Attorney for Victim Participants
A victim participant can request the court to appoint a
participating victim's attorney on assistance, under certain
requirements; the fees are covered by the state.
くろまるRestitution Order
A criminal court, making use of the outcome of the criminal
proceedings, is able to briefly and quickly examine and decide on a
claim for damages that the victims etc. of crimes such as murder
or injury may file against the defendant.
くろまるObservation of Hearing by Victims, etc.
A victim of a serious case such as homicide etc. can observe the
proceedings on the date of the hearing of a case of a Juvenile.
くろまるHearing of Victims’
Opinions in Parole Examinations and
Communication of Victims’
Sentiments to Probationers "Hearing of Victims’Opinions in Parole Examinations"is
a system to hear criminal victims’opinions during parole
examinations by Regional Parole Boards.
"Communication of Victims’Sentiments to Probationers"is a
system to hear the sentiments of the victims and to communicate
such feelings to offenders on probation.
くろまるVictim Notification System
The public prosecutors office notifies crime victims of
information related to their cases, including the determinations
on whether or not the offenders should be prosecuted, the
outcomes of the trials, and the dates of offenders’release. In
collaboration with related organizations, the office also notifies
victims of information on offenders upon victims’request, such
as the treatment circumstances of the offenders after the final
decision in criminal trials and of the offenders under protective
measures.
Concrete Support Measures
くろまるThe Basic Act on Crime Victims
The Basic Act on Crime Victims was enforced in April 2005.
The Act intends to comprehensively and systematically promote
policies for crime victims and their family members (victims of
crime and victims of acts similar to crime that adversely affect the
body and mind of victims as well as their families or the bereaved
in order to protect their rights and interests.
The Basic Act on Crime Victims and the Basic Plan for Crime Victims
くろまるThe Basic Plan for Crime Victims
Because the target period of the"Basic Plan for Crime Victims"
approved in the Cabinet meeting in December 2005 has ended
based on the Basic Act on Crime Victims at the end of FY 2010,
the"Second Basic Plan for Crime Victims"(hereinafter referred to
as the"Second Basic Plan"
) was approved in the Cabinet meeting
in March 2011. The Ministry of Justice is promoting various
support measures in consideration of the Second Basic Plan and
other plans.
Support for Crime Victims
The Japan Legal Support Center (Houterasu) nominates
candidates as court-appointed attorneys for the victims, does the
administrative work of notifying the court, provides travel expenses
etc. for victim participants, offers various types of information
to support crime victims and their families, and introduces
attorneys-at-law who have experience and understanding of victim
assistance.
The Japan Legal Support Center (Houterasu)
A call center
Considering that there are many probationers/parolees who
have difficulty in returning to society due to their old age and
unemployment, it is very important to make efforts to help them
with their rehabilitation and to prevent them from repeating
offenses. For this reason, a framework to offer guidance and
support in the society is being reinforced in cooperation with
regional organizations and groups. The measures provide
necessary assistance on securing advisers and bases for human
life including housing and occupation.
Offenders Rehabilitation
The Public Security Intelligence Agency publishes the"Review and
Prospects of Internal and External Situations"which compiles the
domestic and international situations, and the"Summary of International
Terrorism"which compiles the movement of international terrorism every
year. You can see both documents (for the"Summary of International
Terrorism,"the document on the website is an edited version) on the
Public Security Intelligence Agency website (http://www.moj.go.jp/psia/).
19 20
Toward Japan as"the Safest Country in the World" 0202Toward
Japanas"the
Safest
Countryinthe
World"02Toward
Japanas"the
Safest
Countryinthe
World"
Ensuring that the Results of the Justice System Reforms Take Root
The justice system is expected to play even larger role in the 21st
century due to various social changes, including change from an"ex-
ante regulation and coordination society"to an"ex-post check and
aide society."Therefore, it is necessary to continue to strengthen the
functions of legal services and to establish a new legal system which
is readily accessible to the general public.
For the realization of a closer, faster, and more reliable justice
system for the public, the Ministry has been implementing reforms,
placing the following three pillars as fundamental principles:
"construction of a justice system which meets the expectations of
the people,"
"reform of the judicial community to support the justice
system,"and"establishment of the foundations of justice among
the general public"(participation of the general public in the justice
system).
A total of 24 Acts relating to the reform of the judicial system were
enacted in the three years from 2002 to 2004, and those Acts have
been steadily implemented.
After the above mentioned reforms, the achievements of the
reform need to take root, so that the justice system can fully exercise
its functions and the public can share the fruits of the reform.
Being in charge of the justice system, the Ministry of Justice is
ready to take appropriate measures to fulfill requirements in the
coming new age giving due regard to the aims of the reform of the
judicial system.
July 1999
June 2001
December 2001
March 2002
December 2004
Establishment of the Justice System Reform Council (JSRC) Within the Cabinet
Submission of the Recommendations of the JSRC to the Cabinet
Establishment of the Office for Promotion of Justice System Reform (OPJSR) Within the
Cabinet (time limit for establishment : November 2004)
Cabinet Approval of the Plan for Promotion of Justice System Reform
Establishment of the Promotion Office of Justice System Reform Within the Cabinet Secretariat
くろまる Establishment of the Japan Legal Support Center (Houterasu)
The center aims to create a society in which the general public can acquire information and services necessary
to settle disputes based on laws anywhere in Japan.
くろまる Enhancement of Alternative Dispute Resolution (ADR)
ADR that can settle disputes flexibly by respecting the voluntary will of the parties involved shall be enhanced
and the function of adjudication shall further be enhanced as well.
くろまる Improvement and Acceleration of Criminal Trials
Punitive authority shall be exercised more appropriately and expeditiously through the introduction of the pretrial
arrangement proceeding and state-appointed counsel.
くろまる Translation of Japanese Laws
Translation of Japanese laws shall be promoted from the perspective of facilitating cross-border transactions
and promoting foreign direct investment.
くろまる Reform of a System to Nurture the Legal Profession
The aim is to nurture the legal profession through law school, the national bar examination and legal training
with law school playing a central role.
くろまる The Increase in the Number of Legal Professionals
The aim is to increase the number of legal professionals by nurturing quality and plenty of professionals.
くろまる Lay Judge System -
"Saiban-in System"
The system in which the general public participate in criminal trials (commenced: May 21, 2009).
くろまる Promotion of Law-Related Education
The government strives to promote law-related education so that the general public understand the significance
of law and judicial process as well as acquire a legal frame of mind thereby supporting free and just society.
Construction of a Justice System Which Meets the Expectations of the People
Reform of the Judicial Community
Establishment of the Foundations of Justice Among the General Public
Government Efforts
The Three Pillars of the Reform
Many people regard justice to be far removed from their daily
lives. This viewpoint probably arises from the fact that information
helpful to the solution of legal disputes is not easily obtainable
(problem of having little information) and people have difficulty
in consulting professionals such as attorneys-at-law because
there are few to be found around them (problem caused by little
opportunity in justice) or because financial reasons prevent them
from employing the professionals (economic problem). Such
being the case, the Government has decided to carry out the
Comprehensive Legal Support Plan with a view to fundamentally
solving these problems.
The Japan Legal Support Center (Houterasu), which
commenced operations in October 2006, is a corporation playing
a central role in the Comprehensive Legal Support Plan. The aim
of the center is to accomplish"justice close at hand,"eliminating
the problems mentioned above through cooperation with the
national government, local governments, local bar associations
and other related organizations by carrying out operations such
as information services, civil legal aid or legal services in the areas
with limited judicial services. The popular name of"Houterasu"
contains its belief that it can"shed light
on confused minds of those who are
suffering from troubles by providing a
path to settlement based on the law"
and"be a place like a sunny terrace
where everyone can relax." The
Ministry of Justice has been making
various efforts to promote the systems
for comprehensive legal support.
Comprehensive Legal Support Plan
The Japan Legal Support Center (Houterasu)
Promotion of Systems for Comprehensive Legal Support
Promotion of Translation of Japanese Laws
The Ministry of Justice is working to translate Japanese laws into
foreign languages and to make them available online, and English
translations of more than 370 laws have been made available
on the Japanese Law Translation website, which was created
specifically for that purpose. With the goal of uniformity in the
translation of Japanese laws, the Ministry of Justice has compiled
the Standard Legal Terms Dictionary as a guideline, with bilingual
entries for legal terms in both Japanese and English.
In the future, as well, the Ministry hopes to continue publishing
revised editions of the dictionary and information on English
translations of the law in subsequent additions to this website.
くろまるThe Japanese Law Translation website
http://www.japaneselawtranslation.go.jp
The Act on Promotion of Use of Alternative Dispute Resolution
was enforced on April 1, 2007 as a part of justice system reform.
To promote the use of alternative dispute resolution process
(procedures for the resolution of a civil dispute between parties
who seek, with the involvement of a fair third party, a resolution
without using legal procedures), the government takes on the
responsibility for providing information, and the Ministry of
Justice gives approval to private business services which take on
operations for conciliation.
The Ministry of Justice will continue to undertake various efforts
to ensure that procedures for conciliation etc. taken by private
businesses certified by the Minister of Justice (certified dispute
resolution business operators) will be used extensively as an
accessible means of resolving disputes.
Act on Promotion of Use of Alternative Dispute Resolution
Reinforcement and Revitalization of Alternative Dispute Resolution
21 222103 Propulsion of the Judicial System
Propulsion of the Judicial System 0303Propulsionofthe
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System03Propulsionofthe
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Enrichment and Development of Law-Related Education
Establishing a New Criminal Justice System that Goes with the Times
With regard to the criminal justice system, a variety of reforms,
including the introduction of the Saiban-in (lay judge) system, have
been advanced as part of the reform of the judicial system. On
the other hand, discussions on the reform have highlighted some
problems, such as the ways of procedures for investigation and
trial adaptable to the new era, still remaining as the agenda to be
examined in the future.
In these situations, some questions have been raised on the
criminal justice system that investigations and trials may be too
dependent on interrogations and confession statements. In order
for the system to fully achieve the goal of ensuring the safe and
secure livelihood of the people, it is necessary to examine diverse
issues and to build a new criminal justice system, based on such
suggestions.
In May 2011, for the purpose of establishing a new criminal
justice system that goes with the times, the Minister of Justice
called on the Legislative Council of the Ministry of Justice to
deliberate how to develop the substantive criminal law and
procedural law relating to criminal cases, including the review of
the modality for investigation and trial that are too dependent on
interrogations and confession statements, and the introduction of
a system to keep a record of interrogations of suspects by means
of audio and video recording.
The Council delivered two principles -the moderation and the
diversification of evidence-gathering as well as the improvement
of trial procedure- and the report was submitted to the Minister
in September 2014. The report raised nine items necessary for
the new criminal justice system: i) introducing the audiovisual
recording system of interrogations, ii) introducing the prosecutorial
agreement system for cooperation in investigations and trials, and
testimonial immunity system, iii) rationalizing and streamlining the
interception of electronic communication, iv) introducing guiding
provision regarding the judgment of confinement, v) improving
legal assistance by defense counsels, vi) broadening information
disclosure system, vii) enhancing the protective measures for
protecting victims and witnesses, viii) introducing measures to
secure the authenticity of evidence presented to courts, and
ix) introducing measures to simplify and accelerate trials when
defendants admit their guilt. The council recommends all the items
be incorporated into the present criminal justice system.
The Ministry of Justice will develop a set of processes for the
development of legal systems based on this report.
Law-related education aims to enable citizens who are not legal
professionals to understand laws, the judicial system, and the
values that underlie them.
Following the reforms in various fields and deregulation in Japan,
it has become more crucial to prevent disputes, and to solve them
in a fair way based on law, once they occur.
Furthermore, as is symbolized by the saiban-in system (see
page 24), it is essential for every citizen to take an active role
in the judicial system so that it is supported nationally. This has
made law-related education, which aims to give citizens a deeper
understanding of laws and the judicial system, more important.
The Courses of Study, the national curriculum standard,
provides that students study about the basic concept of laws, the
significance of public involvement in judicial proceedings, and the
importance of contract.
Considering the importance of law-related education, the
Ministry of Justice is working on its improvement and development.
The Ministry will keep on with its efforts to improve the contents
of law-related education, with the cooperation of the Ministry of
Education, Culture, Sports, Science and Technology, and other
relevant organizations.
The Law-Related Education Promotion Council established by
the Ministry of Justice aims to enhance the opportunities to learn
about laws and the judicial system and to promote law-related
education in school, through its activities such as developing
teaching materials for law-related education.
The Ministry of Justice will continue its efforts to involve citizens,
including those who take part in education.
Law-Related Education
The Importance of Law-Related Education
The Law-Related Education Promotion Council
Saiban-in System
The saiban-in system that commenced on May 21, 2009 is a
system in which the saiban-in who have been selected from the
general public participate in the criminal trials for serious cases.
The saiban-in, with professional judges, determine whether the
defendant is guilty or not and the sentence where guilty.
With this system, the justice system will be more familiar to the
people.
The Ministry of Justice has been implementing public relations
activities on the system so that the people will be able to deepen
their understanding.
くろまるFor more information about the system, please refer to our website:
http://www.moj.go.jp/keiji1/saibanin_index.html
A room for deliberations
A courtroom for saiban-in trials
Appointment Procedure
Duty of saiban-in
Around November
Persons who have been
selected by lot as next year’scandidates for saiban-in will
be notified of their selection.
(注記)At this stage the candidates
do not need to appear in the
court.
Trial
Saiban-in hear the witness
testimony and examine the
evidence.
The day of the
appointment
procedure
S i x s a i b a n - i n w i l l b e
appointed through the
appointment procedure
at the court.
Judgment
T h e p r e s i d i n g j u d g e
renders the judgment.
About six weeks
before the trial
The candidates who have
been further selected by lot
for each trial will be notified
of the date for appearance
by the service of the writ of
summons.
Deliberations
Saiban-in and professional judges
deliberate and detemine together
whether the defendant is guilty or
not and the sentence where guilty.
くろまるThe mascot for law-related education"Hourisu-kun"
The mascot for law-related education was chosen through a popularity vote."Hourisu-kun"will play an
active role to make law-related education seem more familiar to the general public. Why don’
t you join and
enjoy law-related education class with"Hourisu-kun"?
How law-related education class is conducted by staff members of the Ministry of Justice
23 24
Propulsion of the Judicial System 0303Propulsionofthe
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Institution for Marking Your Rights
Legal Affairs Bureau
Family registration is the system that notarizes the kinship of
individuals from birth until death. The registration is made for every
Japanese national and is the only public document to certify that he or
she has Japanese nationality. Family registration work is handled by
each city, town or village, but the State (Director of the Legal Affairs
Bureau or the District Legal Affairs Bureau) gives advice, suggestions
or directions to ensure that the work of registration are performed in
a smooth, proper and uniform manner throughout the whole country.
The law that was enforced on December 1, 1994 to partially amend
the Census Registration Act has enabled city, town or village offices
designated by the Minister of Justice to deal with family registration
work using computers, and as of December 31, 2014, a total of 1,860
Statistics on Family Registration (from Apr. 2013 to Mar. 2014)
Total
6,721,651件
Others
1,637,256
Divorces
385,974
Deaths
1,640,113
Marriages
1,548,198
Births
1,510,110
In addition to the above-mentioned development of legal systems,
to establish a registration paperwork system appropriate to the
advanced information society, enhancement of personnel structure
of the personnel engaged in clerical registration; establishment of a
paperwork system, such as mechanization and rationalization of office
work; optimization of the placement of the registration office; and
improvement of government buildings, etc. are pursued.
Also, in order to comply with the needs of an IT society, registry
information providing services through which one’
s registration
information can be verified on the Internet and the electronic
certification system based on the commercial registry have been
introduced. Furthermore, registration application of real property,
commerce and company, transfer of chattels, transfer of receivables
and adult guardianship are available online. The online application
systems of registration of real estate, companies, movable property
assignments, claim assignments and adult guardianship are available.
Efforts in the Registration Work
Companies play an indispensable role in the economic activities
of our country, but they can only acquire their juridical personality,
which is necessary in order to hold legal rights and obligations to
carry out such economic activities, through commercial registration.
Thus, commercial registration is an important system as a basis of
the economic activities of companies in order to ensure the safety
and smoothness of transactions. The Companies Act (which contains
provisions to make corporate management more effective and flexible,
to ensure that corporate management is kept open and in economic
health and to amend the classifications of companies from the point of
view of users) was enforced on May 1, 2006.
Commercial and Corporate Registration
Registration (Real Property, Commercial, etc.)
Family Registration
In order to clarify the section of the registered land, the
registry office is intended to equip a map called"Registry Office
Equipping Map" created based on the results of high survey
system. However, the maintenance of registry office equipping
map is not sufficient, since there are also many registry offices
which are equipped with old maps that were created in the Meiji
era. Professional personnel with advanced knowledge and many
years of experience in the registry office promote the creation of
Registry Office Equipping Map around the country.
Defining the Divisions of Land -Development of Registry Office Equipping Map-
"Parcel Boundary Demarcation" is a system in
which registrars for parcel boundary demarcation
(the officials of the Legal Affairs Bureau) who are
experts on the abuttals of land, demarcate the
registered lands based on the applications from
the parties concerned.
After conducting a variety of research, including
field research and survey, the original parcel
boundary is stipulated based on the registration,
and the registrar clarifies the parcel boundary.
When the issues surrounding the parcel
boundary of land has occurred, it is possible
to achieve resolution of the problem by taking
advantage of this system, without filing a litigation.
Solving the Boundary Disputes -Parcel Boundary Demarcation-
The Real Property Registration is a system which records the
actual condition of our important property, including the location
and area of the land and buildings, the name and address of the
owner and the rights involved in the book of the public called
"registry" and notifies this "registry" in order to contribute to
smooth and safe dealings.
Protection of Our Properties -The Real Property Registration System-
くろまるIf you don’
t register...
くろまるEconomic activities and
registry office equipping map
Q After many years of saving, I purchased my home. But
later, someone who claims to be the owner of the house
appeared. When I checked the registry, I found out that the
name of the proprietor was the person who claimed to be
the owner. According to my investigation, after I purchased
the house, the seller sold the house to him at a higher
price. Isn’
t the owner of the building me since I bought the
building earlier?
A Unfortunately, you will not be able to claim ownership.
Even if you purchased the house earlier, since your house is
not registered, you will not be able to claim that to the third
parties.
In order to avoid such trouble, it is important to carry
out registration procedures as soon as possible after the
completion of a transaction.
When redevelopment of land around Roppongi Hills was
conducted, it took a lot of time and money to define the
boundary because there was only an old map. In order to
prevent such a situation, a highly accurate registry office
equipping map is needed. The development of registry
office equipping maps supports the smooth economic
activities.
Total Number of Registrations
(2013)
Commercial and
corporate
registrations
1,453,824
Real property
registrations
12,897,182
Other
registrations
176,664
Total number of
applications for
registration
14,527,670
Old Map Registry Office Equipping Map
くろまるWhat is "parcel boundary"?
The parcel boundary is a line that was
defined as the scope of the land at the time
of registration. The parcel boundary can not
be changed by the agreement between the
owners.
The Act on General Incorporated Associations
and General Incorporated Foundations
Based on this Act, associations which are not for profit are able
to acquire a juridical personality simply through registration without
the need for permission from the competent government agency.
This system of juridical persons has had a great effect on social
and economic activities because associations which are not for
profit have easily been able to acquire a juridical personality, and
registration has played a significant role as the basis for the system.
(enforced on December 1, 2008)
The Legal Affairs Bureau is responsible for among other things, the civil administrative affairs, such as registration,
family register, nationality and deposit to protect the property and identity matters of the people, the litigation affairs
including litigation activities what are found to be related to the interests of the State and the human rights affairs for
the protection of fundamental human rights as one of the local organizations of the Ministry of Justice.
Affairs of the Legal Affairs Bureau
The organizations of Legal Affairs Bureau is composed of "Legal Affairs Bureaus" (8 stations) and
"District Legal Affairs Bureaus" (42 stations). The Legal Affairs Bureau is responsible for each block that
is divided into eight blocks nationwide. The "District Legal Affairs Bureau" (42 stations) has been placed
under the Legal Affairs Bureau. The District Legal Affairs Bureau is generally responsible for regions
where prefectures are the units.
Moreover, Branch District Legal Affairs Bureaus and Branch Offices have been placed under the Legal
Affairs Bureaus and District Legal Affairs Bureaus.
The Legal Affairs Bureaus, District Legal Affairs Bureaus and Branch District Legal Affairs Bureaus are responsible
for registration, family register, nationality, deposit, litigation, and human rights affairs. Branch Offices are mainly
responsible for registration.
Organizations of the Legal Affairs Bureau
real estate registration when you purchase real estate, commercial registration when you set up a company, deposit
when you were denied the receipt of apartment rent, family register when there is a change in the identity matter,
such as birth, marriage and death.
The Legal Affairs Bureau is responsible for familiar and important affairs to the nationals.
State of the Legal Affairs Bureau
Tokyo Legal Affaires Bureau
For example
Enlightenment poster about
Parcel Boundary Demarcation
25 26
Realization of Basic Right for People in General 04
04 Realization of Basic Right for People in General04RealizationofBasic
RightforPeopleinGeneral04RealizationofBasic
RightforPeopleinGeneral
In 2005, the Companies Act, the substance of which is to conduct
a systematic and radical overhaul of the system, was enacted as
the culmination of the repeated amendment about the rules and
regulations of businesses. In 2014, the Companies Act was amended
for the purpose of strengthening corporate governance, etc.
Meanwhile, the Insurance Act which substance is to conduct an
overall review of the rules for insurance contract was enacted in
2008. The Ministry of Justice is deliberating to revise the provisions on
transport and maritime transaction in the Commercial Code.
Commercial Code
With regard to civil procedural laws, the work to modernize old
laws had been pushed forward sequentially, and such longstanding
work for modernization is considered to have been completed
by the enactment of the following laws: the Civil Execution Act
in 1979, the Civil Provisional Remedies Act in 1989, the Code
of Civil Procedure in 1996, the Civil Rehabilitation Act in 1999,
the Corporate Reorganization Act in 2002, the Personal Status
Litigation Act in 2003, the Bankruptcy Act in 2004, and the
Non-Contentious Cases Procedures Act and the Family Affairs
Cases Procedures Act in 2011.
During this process, amendments have also been made as
follows: partial amendment to the Civil Rehabilitation Act to
establish the procedures for personal rehabilitation in 2000,
partial amendment to the Code of Civil Procedure to enhance and
accelerate the procedures for civil trials and partial amendment
to the Civil Execution Act to ensure more effective practice of
rights in 2003, partial amendment to the Code of Civil Procedure
and other laws to make the procedures more available to the
public in 2004, partial amendment to the Code of Civil Procedure
to enable to adopt a video link system in examination of witnesses
Civil Procedural Laws
Notarization is a system under which a notary, a State agent
whose functions are to officially certify legal matters related to
the life of a private person such as the conclusion of a contract,
certifies matters as prescribed by law, by such means as
preparing deeds. This system is designed to protect private rights
but also to prevent disputes over civil matters from arising in the
future. In this sense, it is a"preventive justice"system. In other
words, this system has been designed to avoid future trouble
or dispute over a contract by having a legal specialist (notary)
participate in the preparation of the contract in advance and
check the legality and the validity of the contact.
In addition, as for the notary system, electric notary system
which enables the attestation of private documents, authorization
of fixed dates, and the preservation and certification of electronic
information has been introduced and has been in use since
January 2002.
A notarial deed means a deed prepared by a notary regarding
the facts related to rights and obligations in accordance with the
Notary Law and other laws. A notarial deed is prepared upon the
request of the party or client, and it has a strong probative value
in civil suits. Moreover, in the case where the object of a claim is
the payment of a certain amount of money or a certain quantity
of quid pro quos/valuable instruments, if the obligor expresses
the will that he or she does not object to enforcement of the claim
based on the deed, the validity of the execution of the deed is
recognized. The original of a notarial deed is kept in custody by
the notary office lest it should be lost or falsified.
Notarial Deed
Amendments to the fundamental laws have been made as
follows: partial amendment to the Civil Code to introduce a new
adult guardianship system in 1999; partial amendment to the Act
on Building Unit Ownership (Act for Sectional Ownership, etc. of
Building) to ensure appropriate management of buildings and to
facilitate rebuilding in 2002; partial amendment to the Civil Code
to review the security interest system in 2003; partial amendment
to the Act on Special Provisions, etc. of the Civil Code Concerning
the Perfection Requirements for the Assignment of Movables
and Claims (Act on Special Provisions, etc. of the Civil Code
Concerning the Perfection Requirements for the Assignment of
Movables and Claims) to facilitate smooth procurement of capital
by corporations as well as partial amendment to the Civil Code
to review the guarantee system, etc. in 2004; partial amendment
to the Civil Code to review the provisions regarding custody in
terms of preventing child abuse in 2011; and partial amendment
to the Civil Code to equalize portions between a child born in
wedlock and a child born out of wedlock in 2013 in response to the
Supreme Court’
s decision on September 4, 2013, concluding that
the difference is unconstitutional.
In addition, two laws were established: the Trust Act to
modernize the trust law system in 2006; and the Electronically
Recorded Monetary Claims Act to set up an electronically
recorded monetary claims system in view of ensuring the safety
and liquidity of transactions involving monetary claims in 2007.
The Ministry of Justice is strenuously examining the Civil Code to
conduct an overall review of provisions pertaining to contracts.
Civil Code
The functions of a notary under the Notary Law are, upon the
request of a party or client, (1) to prepare notarial deeds for
legal acts or facts related to private rights, (2) to attest a private
deed and (3) to attest the articles of incorporation of a business
corporation and, among the duties assigned to them by laws other
than the Notary Law, a notary handles the preparation of wills,
the work of affixing an enforcement sentence to a notarial deed,
preparation of a protest to a bill or cheque and attaching a fixed
date of preparation which has evidential value.
The Ministry of Justice performs work concerning the notary system
and the Minister of Justice (through the Directors of Legal Affairs
Bureaus and District Legal Affairs Bureaus) appoints the notaries.
As of April 2015, about 500 notaries are working in about 300
notary offices throughout the country.
Notary
Deposit is a system designed to accomplish a certain legal
objective by having a person entrust a sum of money or negotiable
securities with a deposit office (legal affairs bureau or district
legal affairs bureau) to guarantee the performance of his or her
obligation and ultimately by having the other party who is entitled
to that property acquire the money from the deposit office.
An online deposit application system has been implemented
in response to an IT society. In addition, deposit for a continuing
case can be easily made by presenting a deposit card, and a large
number of deposits can be applied at the same time by using a
dedicated application system tool.
Number of Deposits (from Apr. 2013 to Mar. 2014)
Amount of Money
Deposits
paid out
326,257,140,044 yen
Deposits
received
356,298,494,297 yen
Number of Cases
Deposits
paid out
304,120
Deposits
received
249,744
くろまるDeposit Administrator
The deposit administrators (officials of the Legal Affairs
Bureau) who take charge of affairs at deposit offices are
expected to have highly sophisticated legal knowledge, since
deposit affairs are diverse including deposit for liquidation,
pledge of damage in court, enforcement, the guarantee of
business and candidacy; the related laws and regulations are
also diverse.
Notary System
Deposit (Kyotaku) Administration
Improvement of Basic Laws on Civil Matters
There are various fundamental laws on
civil affairs: the Civil Code, the Commercial
Code, the Companies Act, and the Code of
Civil Procedure; they stipulate the basic rules for
people’s daily lives and economic transactions,
the family system, and the judicial proceedings.
Recently in Japan, socioeconomic circumstances
have been changing significantly, and public
awareness has greatly diversified. The Ministry of
Justice is conducting necessary examinations and
reviews to make the fundamental laws on civil
affairs responsive to those changes and suited to
the current era. The ministry also delivers its views
on law bills governed by other ministries and
agencies on whether they are consistent with the
fundamental laws from a standpoint of governing
the fundamental laws on civil affairs.
The world such as a living environment etc. is changing rapidly. Will laws be reviewed?
(98.10%) cities, towns and villages use computers to handle the work.
Meanwhile, the law that was enforced on May 1, 2008 to partially
amend the Census Registration Act revised the conventional rule
for the disclosure of family registration; restrictions were put on
the cases where the third person can request for the issuance
of the copy of family register etc. In addition, the amended law
stipulates that identification must be shown when the applicant
notifies his or her information for registration in order to prevent
false registrations through false notification.
Nationality is the qualification of an individual to be a national
of a particular country. The Ministry of Justice performs various
functions related to Japanese nationality such as the following:1 work related to naturalization when a foreign national
wishes to acquire Japanese nationality2 work related to acquisition of Japanese nationality
through notification3 work related to expatriation of Japanese nationality
through notification4 work related to the choice of nationality by a person
who has dual nationality5 work related to recognition of Japanese nationality6 consultation about nationality
Total Number of Naturalizations Approved06000
12000
18000
1993 2003 2013
10,452
17,633
8,646
(Person)
Nationality Administration
Meanwhile, the amended Nationality Act entered into force on January 1, 2009. The amended act has changed the conditions for
acquiring Japanese nationality, under the provision of the third article of the Nationality Act, and established penal regulations.
27 28
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RightforPeopleinGeneral04RealizationofBasic
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Human Rights Volunteers are counseling partners in your town.
They are selected from private citizens recommended by mayors
of municipalities and appointed by the Minister of Justice. The
system of Human Rights Volunteers was introduced in 1948 based
on the concept that the Government and private citizens should
work side by side to protect human rights of local inhabitants.
About 14,000 Human Rights Volunteers (about 6,000 of them
are female) are placed in municipalities (including wards of Tokyo)
across the country, handling human rights problems including
Human Rights Promotion Activities and Human Rights Counseling
in cooperation with officers of the Legal Affairs Bureaus and the
District Legal Affairs Bureaus.
Human Rights Volunteers
In accordance with the Act for Promotion of Human Rights
Education and Encouragement (Act No. 147 of 2000), the
Basic Plan for Promotion of Human Rights Education and
Encouragement, which suggested fundamental ways of promoting
human rights education and enlightenment as well as efforts for
various human rights issues, was approved in the Cabinet meeting
in March 2002.
The issue of abduction by North Korean authorities was added
to the list of human rights issues in the Cabinet meeting in April
2011. The Japanese government is promoting comprehensive
and systematic measures on human rights education and
enlightenment.
The Basic Plan for Promotion of Human Rights Education and Encouragement
There are various Human Rights Infringement Cases (cases
where human rights infringements are suspected): assault and
maltreatment against women, children, the elderly, etc.; bullying
at schools; compulsion and coercion of sexual harassment,
"power harassment"and stalking behavior; and defamation and
invasion of privacy on the Internet. Pertaining to these human
rights infringement cases, to remedy and prevent damage, the
organizations provide assistance to victims (e.g. introduction of
competent authorities or other organizations, giving legal advice,
etc.), adjust relations of the parties involved as well as give
"instructions"or make"recommendations"to the other end
when infringement of human rights is identified.
Investigation and Remedies for Human Rights Infringement Cases
くろまるPromotion Activities Aimed at Children
《The National Human Rights Essay Contest for Junior
High School Students》
The National Human Rights Essay Contest for Junior High
School Students is a promotion activity for the purpose of enabling
junior high school students to deepen their understanding of
the importance and necessity of respecting human rights and to
acquire richer awareness of human rights through writing essays
on human rights issues.
《Human Rights Class》
The Human Rights Class is a promotion activity aiming to deepen
a feeling of compassion and to learn the preciousness of life
among children by creating opportunities to think about bullying,
and so on. The classes are aimed mainly at elementary school
children, with Human Rights Volunteers across the country playing
a central role.
《The Human Rights Flower Campaign》
The Human Rights Flower Campaign is a promotion activity
carried out mainly for elementary school students.
In the campaign, children are given flower seeds or bulbs and
grow them by cooperating
together. Through the experience,
they realize the preciousness
of life, nurture a warm-hearted
spirit and learn tenderness and
compassion.
Human Rights Promotion
くろまるHuman Rights Counseling Offices
Human Rights Counseling Offices are
permanently-installed at Legal Affairs
Bureaus, District Legal Affairs Bureaus and
their branches across the nation; interview-
style counseling, phone counseling and
Internet counseling are available. In addition,
counseling services with interpreters
at Human Rights Counseling Offices for
Foreign Nationals are available at Legal
Affairs Bureaus and District Legal Affairs
Bureaus in Tokyo, Osaka and Nagoya, etc.
くろまるChildren’
s Rights SOS Letter-Cards
Legal Affairs Bureaus and District Legal
Affairs Bureaus are actively responding to
consultations by children through"Children’sRights SOS Letter-Cards"(letter paper with a
pre-stamped envelope). They are distributed
to elementary and junior high school students
nationwide as part of efforts for solving
children’
s human-rights problems (e.g. bullying
and corporal punishment at school and abuse
of children at home).
Human Rights Counseling is available for all kinds of human rights problems, and counselors give
advice depending on the content. When human rights infringements are suspected, the Human
Rights Organs initiate investigation in accordance with the consulter’
s disposition.
The counseling services are free of charge, easy to use and strictly confidential.
Human Rights Counseling
Number of Human Rights Infringement Cases
(from Jan. 1 to Dec.31, 2013)
Number of human rights infringement cases (from Jan. 1 to Dec.31, 2013)
defamation and invasion
of privacy 1,773
infringement of the rights
of workers 1,597
infringement of the rights
in welfare facility 208
others 743
bullying in
schools
4,034
infringement of the security of
residence and living 3,265
compulsion, coercion 2,894
assault,
maltreatment
4,452
infringement of the rights by
school teachers 2,022
discriminatory treatment630infringement of the rights by
other public officials 410
infringement of the rights by
special public officials 243
infringement of the rights
by prison officials 166
Newly
received
cases
22,437
"Parent and Child Symposium"on Hansen’
s Disease
The Human Rights Flower Campaign
Children’
s Rights SOS Letter-Cards
(for junior high school students)
Chart of Human Rights Organizations
Human Rights Volunteers Organization
(Report, adjustment, research, and opinion
exchange, etc. between Human Rights Volunteers)
About 14,000 Human Rights Volunteers in cities, towns and villages all over Japan
(Apr. 1, 2014)
Ministry of Justice (Human Rights Bureau)
Human Rights Division of the
District Legal Affairs Bureau
Human Rights Department of
the Legal Affairs Bureau
Branch Bureau (264)
8 Legal Affairs Bureaus in Tokyo,
Osaka, Nagoya, Hiroshima, Fukuoka,
Sendai, Sapporo and Takamatsu
Human Rights Volunteer Council (317)
Regional Association of Human Rights Volunteers (8)
National Association of Human Rights Volunteers
Each prefecture's Association of Human Rights Volunteers (50)
42 District Legal Affairs Bureaus
located at the seats of prefectural
governments excluding those
where Legal Affairs Bureaus are
situated (In addition, located
in Hakodate, Asahikawa, and
Kushiro in Hokkaido)
Protection of Human Rights
(Human Rights Counseling, Investigation and Remedies, Human Rights Promotion, etc.)
Human rights promotion activites are one of the most important
duties of the Human Rights Organs. The aims of promotion
activities are that the necessity and importance of respecting
human rights are understood by the people and the idea of
respecting human rights is spread among the people.
くろまるPromotion Activities
Promotion activities are widely carried out for the general public
through various means. Generally, the Human Rights Organs annually
set a priority theme, and according
to the theme, activities are
conducted by means of holding
symposiums, lectures, movie
events; organizing various events;
and utilizing mass media such as
TVs, Radios and the Internet.
Counseling Services
インターネット人権相談 検索
Click
http://www.moj.go.jp/JINKEN/
jinken113.htmlPC0570−070−810
(with a nationwide number)
Women's Rights
Hotline
0120−007−110
(with a nationwide toll‐free number)
Children's Rights
Hotline
0570−003−110
(with a nationwide number)
Human Rights
Hotline
https://www.jinken.go.jp/
soudan/mobile/001.html
Mobile
Letter
Children's Rights SOS Letter‐Cards
In 2006, the Act on General Rules for Application of Laws
was enacted to make overall reviews on the rules for private
international law and harmonize them with the rules of other
countries.
Private International Law
and examination of parties in 2007, and partial amendment to the
Code of Civil Procedure and other laws to establish the provisions
for international jurisdiction in 2011. Along with the amendments,
the Act on Recognition of and Assistance for Foreign Insolvency
Proceedings was enacted in 2000 and the Act on the Civil
Jurisdiction of Japan with respect to a Foreign State, etc. was
enacted in 2009, respectively. Thus, partial amendments and
enactment of new laws have been implemented as needed.
Also in 2013, the Act on Implementation of the Convention on
the Civil Aspects of International Child Abduction was enacted
in association with conclusion of the Hague Convention by the
government of Japan.
The Ministry of Justice is deliberating to develop the provisions
on international jurisdiction concerning personal status litigation
cases and domestic relation cases.
With the aim of bringing citizens closer to human rights
protection activities and of increasing the effectiveness of
promotion and publicity activities, the human rights organs
created campaign characters for human rights (designed by
Takashi Yanase, a renowned cartoonist), and started using them
for wide-ranging promotion and publicity activities.
人KENまもる君・人KENあゆみちゃん
人KENまもる君・人KENあゆみちゃん
人権イメージキャラクター
Jin‐KEN‐Mamoru Kun & Jin‐KEN‐Ayumi Chan
Jin‐KEN‐Mamoru Kun & Jin‐KEN‐Ayumi Chan
Human Rights Campaign Characters
29 30
Realization of Basic Right for People in General 0404RealizationofBasic
RightforPeopleinGeneral04RealizationofBasic
RightforPeopleinGeneral
As an exception to the Attorney Act, in order to promote the
disposal of non-performing loans and thereby contribute to the
sound development of the national economy, the Act on Special
Measures Concerning the Claims Servicing Business (Servicer Act;
Act No. 126 of 1998) was enforced on February 1, 1999.
Servicers licensed by the Minister of Justice are allowed to
manage and collect specified monetary claims provided for by the
Servicer Act.
The Ministry of Justice is responsible for examining and
screening these servicers on giving approval and license as well
as for supervising them to ensure appropriate operation by
conducting on-site inspections etc.
Claim Management and Collection Companies (Servicers)
The Act on Promotion of Use of Alternative Dispute Resolution,
enforced on April 1, 2007, has introduced a system in which the
Minister of Justice certifies private dispute resolution services
(conciliation and intercession services performed by private
businesses on a civil dispute), when recognized as proper,
satisfying the statutory criteria and requirements.
Certified dispute resolution business operators (private businesses
certified by the Minister of Justice) are engaged in resolving disputes,
utilizing their professional knowledge and experiences, in order to
accurately meet the diverse needs of the people.
The number of certified dispute resolution business operators
increased from 10 in FY 2007 when the system was launched to
over 130 in FY 2014. The fields of disputes handled have become
more diversified and the accessibility to the system has been
further improved.
The Ministry of Justice is responsible for work concerning the
certification of private dispute resolution services.
Certified Dispute Resolution Business Operators
Judicial scriveners are legal experts who contribute to protecting
rights and benefits of the people; they engage in registration
procedures of immovable property and commercial/corporation
on behalf of the client as well as in preparation of documents for
the court. Since 2003, judicial scriveners, certified by the Minister
of Justice after completing the designated training course, have
been able to engage in civil procedures on behalf of clients at
summary courts. Furthermore, since 2006, they have been able to
undertake proceedings as representatives in identifying registered
ground sections within a certain range.
The Civil Affairs Bureau of the Ministry of Justice is responsible
for the judicial scriveners system.
Judicial Scriveners
The land and house investigators contribute to the clarification
of rights of the people related to real estates. They take charge
of necessary investigation, survey, and application procedures
on registering real estates on behalf of a client. From 2006,
the land and house investigators, approved by the Minister of
Justice by completing a certain training course to act as agents
in proceedings to identify registered ground sections, are able
to undertake proceedings for solving civil disputes that originate
from unclear registered ground sections; the dispute resolution
business operators who engage in the proceedings must be
designated by the Minister of Justice and the operations are to be
carried out jointly with attorneys-at-law.
The Civil Affairs Bureau of the Ministry of Justice is responsible
for the land and house investigators system.
Land and House Investigators
Implementation of Comprehensive Legal Support by the Japan Legal Support Center
Legal Services
The Gaikokuho-Jimu-Bengoshi (Gaiben) system is designed to
permit persons qualified as lawyers in foreign states to handle
specific legal business in Japan as a Gaiben, without taking any
qualification examination anew.
To become"Gaiben"
, the qualified foreign lawyers must be
approved by the Minister of Justice in accordance with the"Act
on Special Measures Concerning the Handling of Legal Services
by Foreign Lawyers,"also they must be registered on the Roll of
Registered Foreign Lawyers kept by the Japan Federation of Bar
Associations.
The Ministry of Justice is responsible for work concerning the
approval of qualifications for Gaiben.
Gaikokuho-Jimu-Bengoshi
An attorney-at-law is a legal expert who is entrusted with the
mission of protecting the fundamental human rights of people and
achieving social justice. The duties of an attorney-at-law, upon
request of others, shall be to engage in acts relating to lawsuits;
cases not involving litigation; objections, appeals and other
petitions against administrative agencies; and other general legal
services.
Attorneys-at-law come under the supervision of the Japan
Federation of Bar Associations and local bar associations to
which they belong and do not come under the supervision of any
administrative agency of the government.
くろまるAttorney Certification System
In order to obtain the qualification of an attorney-at-law, a
person is required to complete the legal apprentice training course
after passing the national bar examination in principle.
As an exception, the qualification of an attorney-at-law is given
through the Attorney Certification System, approved by the
Minister of Justice, to those who have acquired a certain level of
actual legal business experience in corporate enterprises after
passing the national bar examination.
The Ministry of Justice is responsible for work concerning the
certification of qualifications for attorney-at-law.
Attorneys-at-law
The principal operations of Japan Legal Support Center
(Houterasu) consist of the following five (5) services as prescribed
in Article 30, Paragraph 1 of the Act:
1 Information Services
2 Civil Legal Aid
3 Legal Aid for Criminal Defense
4 Measures for Areas with Limited Legal Services
5 Support for Victims of Crime
Another service area for the Houterasu is coordinating and
encouraging the cooperation of authorities and organizations that
have operations related to the five (5) core services. Moreover,
the Houterasu may also provide services entrusted by the national
government, local governments, non-profit corporations and other
organizations, to the extent it does not impair the Houterasu’sdelivery of its core services (Article 30, Paragraph 2 of the Act). In
addition, since April 2012, the Houterasu has been providing legal aid
to survivors and victims of the Great East Japan Earthquake.
Outline of the Operations of the Japan Legal Support Center (Houterasu)
The Comprehensive Legal Support Act was approved at the 2004
ordinary Diet session. The Act is based on the Comprehensive Legal
Support Plan, which is designed to provide all citizens in Japan with
necessary information and services for legal solutions to disputes both
on civil and on criminal affairs so that the justice system may be more
accessible to the citizens.
くろまるJapan Legal Support Center (Houterasu)
The Japan Legal Support Center (Houterasu), established within the
framework of an independent administrative agency, forms the core of the
Comprehensive Legal Support Plan. The Ministry of Justice takes charge of
the corporate body.
The Houterasu, with the purpose of promptly and properly implementing
operations related to comprehensive legal support, was established in April
2006 and commenced its operations in October of the same year.
What is the Comprehensive Legal Support Plan?
Coordinationandcooperation
Consultation
Provision of
information/
services
for settlement of
legal problems
Users
(General Public)
☎ 0570−078374
☎ 0570−079714
‐Local
governments
‐Legal experts such
as attorneys‐at‐law
and judicial scriven‐
ers, etc.
‐Organizations and
o t h e r p e r s o n s
providing assistance
for the victims, etc.
Organizations and
other persons that
cooperate with the
Japan Legal Support
Center for settlement
of legal problems
(Telephone number for the assistance of crime victims)
(Call Center)
THE JAPAN LEGAL SUPPORT CENTER
http://www.houterasu.or.jp
くろまるInformation Services
Provision of free information for the settlement of legal problems.
くろまるCivil Legal Aid
Free consultation for persons of limited means for legal problems,
or granting of loans for them to cover the expenses of trials, etc.
くろまるMeasures for Areas with Limited Judicial Services
Provision of legal services at a reasonable cost in areas where
it is difficult to receive legal services because of the lack of legal
experts such as attorneys-at-law or judicial scriveners, etc.
くろまるCrime Victims Support
Provision of free information concerning
attorneys-at-law who are well versed in assistance to
victims or organizations providing assistance for victims.
くろまるEnsuring Appointment of Court‐Appointed Defense Counsels
Ensuring the system for the prompt and proper
appointment of court-appointed defense counsels, etc.
and court-appointed attorneys-at-law for the victims.
Social Activities
31 32
Realization of Basic Right for People in General 0404RealizationofBasic
RightforPeopleinGeneral04RealizationofBasic
RightforPeopleinGeneral
Figure 1 shows the flow of criminal offenses committed by
adults.
❶Police etc.
All cases in which the police etc. arrests suspects and conducts
necessary investigations are transferred to public prosecutors, in
principle.
❷Public Prosecutors Office
Public prosecutors conduct necessary investigations on the
cases transferred from the police and determine whether or not to
indict the accused based on the law and evidence. At times, they
themselves detect criminal cases or conduct investigations on the
cases which have been charged or accused.
❸Court
The courts hold hearings at public trials, and when they
recognize the accused as guilty, the courts hand down the
sentence such as death penalty, penal servitude, imprisonment or
fine. In the case of penal servitude or imprisonment for three years
or less, the prison term may be suspended due to extenuating
circumstances, and probation may be given during the period of
suspended sentence.
In the case of a relatively minor offense, the court may decide
to examine the case through summary proceedings as long as the
accused has no objection.
❹Prison
After the accused is convicted, the punishment will be
administered under the direction of public prosecutors. As
a general rule, punishment, including imprisonment, with
or without prison work, or detention is enforced at penal
institutions like prisons. Penal institutions help inmates to
reform themselves and to re-integrate into community through
correctional treatments.
Those who are incapable of paying the full amount of penalty or
fine will be detained in a workhouse attached to a penal institution.
❺Probation Offices
Inmates may be allowed to be released on parole in accordance
with the decision by the regional parole board even before the
expiration of their term, and parolees are placed under supervision
while they are on parole. Also, those who have been given a
suspended sentence on the condition of probation are placed
under probationary supervision during the period of suspension,
after the sentence has been settled.
These parolees/probationers receive guidance and assistance
from the probation officers of probation offices and volunteer
probation officers and pursue rehabilitation and a smooth return
to society.
❻Women’
s Guidance Home
Adult females who have been taken into custody for violating
the Anti-Prostitution Act are detained in women’
s guidance
homes and will be placed on probation when they are granted
parole release.
Number of Persons Newly Commencing Their Probation/Parole According to Offense Types (2013)
Stimulant
drugs466Injury 305
Fraud 141
Road traffic
violations 158
Breaking into
a residence104くろまるProbationers under Suspended Sentence
Forcible Indecency・Forcible Indecency
Causing Death
or Injury 179
Others778Theft
1,124
Total
3,255
Stimulant drugs
4,028
Fraud 1,187
Road traffic
violations464Injury 500
Causing Death or Injury
through Negligence
in Vehicle Driving376くろまるParolees
Robbery・Causing
Death or Injury
through Robbery670Theft
4,972
Others
2,426
Total
14,623
くろまるParolees : Persons who are released on parole from a penal institution
くろまるProbationers under Suspended Sentence : Persons who have been placed under probationary supervision with suspended sentence by a court decision
Number of Newly Committed Inmates, by Offense (2013)0300050008000
10000100020004000600070009000
(person)
Homicide257Robbery646Theft
7,557
Bodily injury
1,191
Extortion264Fraud
1,930
Rape, indecent assault675Professional negligence and negligence in vehicle driving379Others
1,721
Road traffic violations
1,063
Firearms and swords114Stimulant drugs
5,990
Others968Penal Code offenses 14,620 Special law offenses 8,135
Total 22,755
Pecuniary penalty against traffic violations
Disposition of trivial cases
Investigation initiated by a public prosecutor, etc.
Non‐prosecution❶❷❹❺
Release on expiry of term
of probation and parole, etc.
Probation Offices
Acceptance
Admission
Release on expiry of term
of protective measures
Prison❸Imprisonment with or
without work, Penal detention
Acceptance
Court
Referral to
a public prosecutor
Acceptance
Prosecution
Public
Prosecutors Office
Identification
Police, etc.
Offense
Revocation, etc.
Release on parole
Summary proceedings
Suspension of execution of sentence
with probationary supervision
Protective measures
Not guilty, etc.
Suspension of execution of sentence
Fine, minor fine
Detention in a work house
Release on parole❻Admission
Release on expiry of term
of protective measures
Women s
Guidance Home
Fine, minor fine
Percentage Breakdown of Cases (Offenders) Handled at the Public Prosecutors Offices Across the Country (2013)
By dispositions
rendered
1,540,886
persons
By type and
name of offense
1,540,886
persons
Penal Code
offenses
61.5%
Special law
offenses 38.5%
Theft 8.9%
Other offenses7.4%Injury 3.2%
Road Traffic
Law Violations
31.0%
Other offenses
7.5%
Causing Death or Injury through
Negligence in Vehicle Driving
42.1% Prosecutions
instituted
26.3%
Suspension of
institution of
prosecution
49.2%
Non‐prosecution
53.8%
Other decisions
13.0%
Referrals to
the family court6.9%Other
dispositions1.4%Insufficient
evidence
for prosecution3.2%Other decisions 19.9%
Flow of Criminal Cases Committed by Adults
Flow of Criminal Cases Committed by Adults〈Figure 1〉
33 34
Enforcement of Proper Criminal Policy 05
05 Enforcement of Proper Criminal Policy05EnforcementofProper
Criminal
Policy05EnforcementofProper
Criminal
Policy
Figure 2 shows the flow of proceedings for juvenile delinquents.
❶Police etc.
When juvenile suspects are arrested by the police the cases are
transferred to public prosecutors, in principle, after investigations
are completed.
❷Public Prosecutors Office
When public prosecutors suspect juveniles of committing crimes,
or have good reasons to leave them to the decision of the family
court on pre-delinquency (a state in which juvenile delinquents
have behavioral problems which may lead to crimes yet stopping
short of committing crimes, but highly necessary to be taken into
custody), the relevant cases will be transferred to the family court
after investigations are completed.
❸Family Court
A family court orders investigators to conduct investigations
on relevant juveniles, including their dispositions and family
backgrounds, and/or send them to a juvenile classification home
for assessment.
❹Juvenile Classification Home
A Juvenile classification home conducts assessment of juveniles
based on the expertise of medicine, pedagogy, etc. and submits
the results to a family court.
❺Family Court
When a family court considers that a juvenile has no reason to
undergo adjudication procedures or that it is not suitable to put
him/her to adjudication procedures based on the result of the
investigation of his/her dossier etc., the court decides dismissal
without hearing. When the court finds it reasonable to take
adjudication procedures, it develops the closed-door process for
adjudication.
If deemed unnecessary to place the juvenile into protective
custody as a result of adjudication process based on the
investigations and assessment by above-mentioned ❸ and ❹
respectively, the court declares the juvenile not-to-be discharged.
However, if deemed reasonable to place him/her into protective
custody, the court decides to place him/her on probation or send
him/her to a juvenile training school.
Meanwhile, if the presence of a public prosecutor is
necessary for the identification of delinquency in a major
crime, a public prosecutor also participates in a hearing under
the decision of the family court.
❻, ❼ Sending of Juveniles to Public Prosecutors
and Indictment
When a family court finds it reasonable to impose criminal
punishment on those who have committed a crime that deserves
the death penalty, penal servitude or imprisonment, the court
sends the case to public prosecutors.
When juveniles aged sixteen or older are accused of killing their victims
intentionally, the cases are sent to public prosecutors, in principle, and
the prosecutors who have accepted the cases must indict them.
❽Juvenile Training School
Juveniles who are sent to a juvenile training school are placed to
either primary, middle, special or medical juvenile training school,
where they seek rehabilitation by receiving correctional education etc.
Juveniles who are handed a family court judgment to be sent to a
juvenile training school are admitted to any of primary, middle, special
or medical juvenile training school, where they are supposed to
receive correctional education, etc. to reform themselves.
(注記)After the enforcement of the new law, the types of juvenile training schools will change
as follows: primary and middle juvenile training schools will become TYPE-I juvenile training
school, special juvenile training school will become TYPE-II juvenile training school and
medical juvenile training school will become TYPE-III juvenile training school, respectively.
❾Probation Office
Those who are decided by a family court to be placed on
probation, or those who are provisionally permitted to be released
from a juvenile training school are to receive guidance and assistance
from probation officers and volunteer probation officers; they are to
pursue rehabilitation and a smooth return to society.
Number of Persons Newly Commencing Probation/Parole According to Types of Delinquency (2013)
Injury 674
Road traffic
violations 1,734
くろまるJuvenile Probationers : Juveniles who have been placed under probationary supervision by a family court decision (excluding those under short‐term probation for traffic offenses)
くろまるJuvenile Training School Parolees : Persons who are released on parole from a juvenile training school
Robbery・Causing Death
or Injury through
Robbery 242Injury 2,380
Road traffic
violations222Extortion 393
Breaking into
a residence 336
Assault 383
Extortion 150
Fraud 110くろまるJuvenile Training School Parolees
くろまるJuvenile Probationers
Causing Death
or Injury through
Negligence in
Vehicle Driving 847
Forcible Indecency・Forcible Indecency
Causing Death of Injury 102
Others
610 Theft
1,318
Theft
5,166
Others
2,245
Total
13,484
Total
3,428
Number of Juveniles Newly Committed to Juvenile Training
Schools According to Delinquent Types (2013)0250500750100012501500(Persons)
Robbery223Theft
1,017
Bodily injury774Extortion163Rape, indecent assault153Negligence in vehicle driving51Others390Road traffic violations215Stimulant drugs, poisonous agents72Others41Pre‐delinquency94Penal Code offenses 2,771 Special law offenses 328 Pre‐
delinquency 94Total 3,193人
Handling Juvenile Crimes and Delinquencies
Flow of Proceedings for Juvenile Delinquents
〈Figure 2〉❶❷❹❽❼❻❾Early discharge
Expiration
of sentence Revocation
Probation Office
Acceptance
Juvenile
Classification Home
Release on parole Release on parole
Admission
Release on expiry
of sentence
Release on expiry
of full prison sentence
Admission
Juvenile
Training School
Juvenile Prison,etc.District Court,etc.Fine, minor fine
Suspension of execution
of sentence
Suspension of execution
of sentence with
probationary supervision
Not guilty, etc.
Imprisonment with or
without work, Penal detention❸❺
Commitment to
facility for development
of self‐sustaining capacity
Commitment to a
juvenile training school
Probationary
supervision
Family Court
Referral to
a child guidance center
and others
Referral to a public prosecutor
for the institution of prosecution
Dismissal without hearing
Discharge
Notification
Referral Notification
Referral to a
public prosecutor
Acceptance
Acceptance
Referral to
a family court
Public Prosecutors Office
Discovery Investigation
Citizens, police, etc. Police, etc.
Pre‐delinquents
Juvenile Children
Offenders
Juvenile
Offenders
Child Guidance Center
Acceptance
Referral to
a family court
Institution of prosecution
after being referred from a family court
Case referred to
a public prosecutor
for the institution
of prosecution
くろまるCommunity volunteers supporting correctional facilities
Correctional facilities are supported by community volunteers, such as volunteer visitors
and chaplains.
Volunteer visitors are those who help reformation and rehabilitation as well as smooth
re-entry into society of inmates through counseling and guidance sessions, and music
instruction, etc.
Chaplains provide religious guidance upon requests from inmates according to their
religious beliefs in order to ensure the freedom of religion. Community volunteer
35 36
Enforcement of Proper Criminal Policy 0505EnforcementofProper
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The National Center for Offenders Rehabilitation is established
and operated to provide parolees from the penal institution or
the juvenile training school, etc. who cannot be coordinated
necessary social surroundings for their smoother reintegration by
their relatives or private-sector offenders rehabilitation facilities,
with lodging at state-established facilities where probation officers
directly provide them with intensive supervision and generous
employment assistance, thereby encourage their rehabilitation and
prevent them from committing further offense.
Among these facilities, the organization that performs selective,
specialized treatment in society in accord with the relevant
specific problem is called the"National Center for Offenders
Rehabilitation,"while another organization that provides vocational
training primarily in agriculture is called the "
National Center for
Offenders Job Training and Employment Support". The"National Center for Offenders Rehabilitation"is established
and operated in Kitakyushu and Fukushima City, while the
"National Center for Offenders Job Training"is established and
operated in Hokkaido (Numata-cho) and Ibaraki (Hitachinaka City),
respectively.
The National Center for Offenders
Rehabilitation in Fukuoka
(Kitakyushu City)
The National Center for Offenders Job
Training and Employment Support in
Hokkaido (Numata-cho, Uryu-gun)
Volunteer probation officers are private citizens commissioned
by the Minister of Justice with the work of rehabilitating offenders,
and there are about 50,000 officers across the country. As they
are familiar with the situations and customs of their community,
they are able to give effective guidance and aid to those who
have committed crimes and acts of delinquency within a normal
social life, together with probation officers, and in addition, they
are engaged in promotion activities in their community to prevent
crime and delinquency.
Volunteer probation officers have the status of part-time
government officers, but they are not paid salaries, except for the
expenses of their activities.
Volunteer Probation Officers
The Women’
s Association for Rehabilitation Aid is an
organization composed of volunteers who cooperate in community
activities from the viewpoint of women for crime prevention and
also for the rehabilitation of those who have committed crimes and
acts of delinquencsy, with a view to establish a brighter society
free from crime and delinquency.
There are about 170,000 volunteer members across the
country. They are not only engaged in the educational activities
for prevention of crime and delinquency, but also in a wide
range of activities rooted in the community such as the following:
activities for sound upbringing of youth; child-support activities;
rehabilitation support in offenders rehabilitation facilities;
cooperation for social participation activities of juveniles on
probation; and visits to prisons and juvenile training schools
providing encouragement.
Women’
s Association for Rehabilitation Aid
BBS stands for the"Big Brothers and Sisters Movement"
organized by young volunteers who make friends with and give
assistance to delinquents and pre-delinquents to help them attain
sound growth. These young volunteers, just as close being like
their older brothers or sisters, keep in touch with the juveniles
in various situations (called the"Tomodachi(Friend)-Project")and help them solve their problems and to become self-reliant. In
addition, BBS members carry out activities for crime prevention
striving for the realization of a crime-free society. About 4,500
members are engaged in the activities.
BBS Association "Cooperative Employers"are those who willingly offer
employment to offenders despite their past records and
cooperate in the offenders’rehabilitation. These employers
provide stable jobs with full understanding of the feelings of
offenders which leads to a tremendous contribution. There are
about 12,600 such employers across the country who cooperate
in this field.
Cooperative Employers
National Center for Offenders Rehabilitation
Of all the persons who have been placed under parole/probationary supervision or released
from prison, offenders rehabilitation facilities accommodate those who have no proper place to
live, give them living guidance and vocational training so that they are able to live independently at
the earliest possible date. There are 103 such facilities in the country, mainly operated by juridical
persons for the offenders’rehabilitation services, which are private foundations approved by the
Minister of Justice to run the services in order to facilitate the rehabilitation of offenders.
Offenders Rehabilitation Facilities
Exterior of an Offenders Rehabilitation Facility
くろまるWhy Not Join Offenders Rehabilitation Volunteers?
To ensure that those who have committed a crime rehabilitate themselves as law-abiding members of society, the efforts made only by the
government cannot achieve satisfactory outcomes. Activities of offenders rehabilitation volunteers, including the Women’
s Association for
Rehabilitation Aid, BBS (Big Brothers and Sisters Movement) Association, and Cooperative Employers have been of a great help.
This is a system designed to give guidance and assistance to
those who have committed crimes or those who have turned to
juvenile delinquency so that they can become sound members
of the society while spending normal social lives; the system is
carried out in cooperation with the nation and the volunteers.
The regional parole boards are located in the eight regions
across the country, with respect to each jurisdictional areas of
the high courts. The major functions of the board are to make
decisions on parole of inmates of prisons or juvenile training
schools and revocation of parole when parolees fail to observe the
parole conditions.
Regional Parole Boards
There are 50 probation offices throughout the country, which are
located in each jurisdictional areas of the district courts. Their major
functions are to conduct probationary supervision over those juveniles
placed under supervision by the decision of the family courts, those
released on parole from prisons or juvenile training schools and
also those who are on probation with suspension of sentence. The
probation offices are also engaged in activities to promote community-
based campaigns to prevent crime and delinquency.
Probation Offices
Probation officers are full-time government officials of the
Ministry of Justice who are assigned to either the Secretariat
of the Regional Parole Board or to the Probation Office. Having
professional knowledge of psychology, pedagogy or sociology, they
engage in the work of rehabilitating those who have committed
crimes or have turned to juvenile delinquency, giving them
guidance and assistance in everyday life, in collaboration with
volunteer probation officers. They also take charge of the work
relating to the prevention of crime and delinquency.
Probation Officers
What is the Rehabilitation of Offenders?
Measures for Crime Victims as Part of Offenders Rehabilitation
Implementation of Treatment for Persons Who Have Caused Serious Incidents on the Grounds of Insanity or Diminished Capacity
くろまるBadge of Volunteer Probation Officers
The following four measures are being taken:"Hearing of Victims’
Opinions in Parole Examinations"to hear opinions of crime victims as
to the parole of offenders;" Communication of Victims’Sentiments
to Probationers "to communicate crime victims ’sentiments to
offenders on probation;"Victim Notification System"to notify crime
victims of the treatment status of the offenders; and" Counselling
and Support"to give crime victims advice and support.
In taking these measures, dedicated officers (officers taking care of
crime victims and volunteer probation officers taking care of crime
victims) are assigned to each probation office.
The badge is designed by the late
Sagenji Yoshida, Professor Emeritus
at the Tokyo University of the Arts. It
consists of 18 chrysanthemum petals with
a sunflower and the rising sun; the circle
of its contour represents harmony among
people and the red cloth represents the
hearts and passion of people.
The medical care and treatment system for those who are
mentally unsound is adopted in accordance with the Act on
Medical Care and Treatment for Persons Who Have Caused
Serious Incidents on the Grounds of Insanity or Diminished
Capacity, which was enforced in July 2005. This is a kind of
treatment system to facilitate the rehabilitation of those who
have caused serious incidents, such as murder or arson, on the
grounds of insanity, etc.
According to the system, persons who have received a decision
on hospitalization at a regional court must enter a mental hospital
designated by the Minister of Health, Labour and Welfare (designated
public mental hospital) and undergo special medical care. During
hospitalization, probation offices adjust inpatients' living conditions
which they will go into after discharge. Persons who have received
a decision on outpatient treatment or a discharge decision from the
mental hospital at the regional court must attend a mental hospital
designated by the Minister of Health, Labour and Welfare (designated
public mental hospital) generally for three years, during which time
they are under mental health supervision by the probation offices.
The rehabilitation coordinators, who are qualified as psychiatric
social worker, public health nurse, etc., and those who have
necessary knowledge and experience for the rehabilitation of those
patients, are professional staff members at the probation offices.
They are engaged in not only outpatient treatment but also in
coordination of community-based treatment for outpatients among
related agencies.
37 38
Enforcement of Proper Criminal Policy 0505EnforcementofProper
Criminal
Policy05EnforcementofProper
Criminal
Policy
The Ministry of Justice conducts adequate treatment of inmates
with respect for their human rights based on the"Act on Penal
Detention Facilities and Treatment of Inmates and Detainees"which
is the act enacted by totally revising the Prison Law. Furthermore, to
support the adequate treatment of inmates, the Ministry is making
every effort to improve facilities and human resources, as well as to
facilitate clerical rationalization and mechanization.
In addition, taking into consideration the experiences of foreign
countries, the Ministry of Justice manages some penal institutions
through joint operation between the public and private sectors
using the PFI (Private Finance Initiative) which utilizes private
capital, ingenuity and know-how. In those penal institutions, the
Ministry is trying to enrich and develop correctional treatment by
incorporating programs such as the Training Program for Guide
Dog Puppies for the Blind, which has never been realized in prisons,
in cooperation with the Japan Guide Dog Association (a public
interest incorporated foundation).
The Ministry of Justice will tackle the smooth implementation of
the Act on Penal Detention Facilities and Treatment of Inmates
and Detainees with persistent effort to contribute to the realization
of safe society where the people can live with peace of mind.
In light of these circumstances, the"Study Group on Improving
Infrastructure of the Volunteer Probation Officer System"
was launched in March 2011, with the goal of reinforcing the
infrastructure of the volunteer probation officer system that
would lead to the future. The study group consists of the active
volunteer probation officers and academic experts. Over a year
of a wide range of discussions, the group submitted, in March
2012, a report summarizing the outcomes of their discussions to
the Rehabilitation Bureau of the Ministry of Justice. The report
contains specific recommendations on how the infrastructure of
the volunteer probation officer system should be improved, from
the following wide-ranging perspectives: (1) securing of candidates
as volunteer probation officers and fostering of volunteer probation
officers; (2) improvement of the activity environment of volunteer
probation officers in line with changes in society; (3) strengthening
of collaboration with the community; (4) active roles of volunteer
probation officer organizations; and (5) reconstruction of the
offenders rehabilitation structure in disaster-affected areas.
The Ministry of Justice has taken the above-mentioned
recommendations of the study group as heartfelt voices from
volunteer probation officers, therefore, striving to put their
recommendations into practice.
For example, the Ministry has started to administer the
compensation system for physical damage suffered by volunteer
probation officers in FY 2012, as well as has taken measures to
enable all local volunteer probation officers associations to hold the
"Study Group on Candidates as Volunteer Probation Officers"
designed to secure persons suited for volunteer probation officers
from a wide group of people since FY 2013. There are a total
of 345"Offenders Rehabilitation Support Centers"nationwide
as of FY 2014; the centers are the base of activity for volunteer
probation officers and will be improved and expanded toward the
future.
Moreover, the Ministry of Justice is making efforts to reduce
the burdens of volunteer probation officers’activities; widely
disseminate the helpfulness of the officers’activities in order
to increase the attractiveness and challenge; and to obtain
understanding and cooperation of local residents and the relevant
authorities and organizations.
The volunteer probation officer organizations and the national
government will work together towards the stable securement of
volunteer probation officers, so that Japan can sustain its world-
class volunteer probation system for years to come.
Efforts of the Ministry of Justice
Changes in the Number of Volunteer
Probation Officers (2009-2014)
In Penal Institutions Such as Prisons and Detention Houses
At the Ministry of Justice
Volunteer probation officers are volunteers who support
rehabilitation of those released from prison in the community
and who play the most important role in Japanese offenders
rehabilitation system. Reflecting the growing awareness towards
re-offending prevention of recent years, people’
s expectations
for and interest in volunteer probation officers are increasing
more than ever. On the other hand, the number of volunteer
probation officers has been decreasing for five consecutive years
since 2009 (47,914 persons as of January 1, 2014), partly due to
the influence of changes in social situations such as dilution of
human relationships in the community. Seeking stable securing of
volunteer probation officers for years to come is a major challenge
for the system.
Current Situation of the Volunteer Probation Officer System
Juvenile classification homes are working to enhance their
ability of assessment on juveniles for re-offending prevention by
developing and introducing a new assessment method,"Ministry
of Justice Case Assessment Tool (MJCA)"in order to grasp the
possibility of re-offending and educational needs of each juvenile.
The homes are also working to enhance the treatment for re-
offending prevention by conducting assessment of juveniles under
protective measures in response to requests from juvenile training
schools, probation offices, etc.
Furthermore, the home provides counseling and consultation
services to juveniles and their families on various youth problems
(delinquency, misbehavior, family upbringing problems, troubles in
a workplace or at school, problems with friends, etc.). Moreover,
the staff of the home provides explanation about various topics
such as delinquency, child-rearing, or educational and instructional
methods for youth at workshops or lectures held by schools or
youth related organizations.
If you are seeking help, please feel free to contact the nearby
juvenile classification home.
Enhancement of Assessments of Juveniles and Community Support Activities by Juvenile Classification Homes
Smooth Enforcement of Act on Penal Detention Facilities and Treatment of Inmates and Detainees
The population of inmates in penal institutions in whole has
not exceeded their capacity, however the population in female
institutions has remained in an overcrowding/high incarceration
situation. In addition, there are a number of inmates who require
much time and effort in their treatment compared with general
inmates, such as elderly inmates; under such circumstances, the
burden on penal institution staff has been increasing.
Average Daily Number of Persons Detained(2003-2013)
2003 2004 2005 2006 2007 2008 2009 2010015,000
30,000
45,000
60,000
75,000
90,000
‐6.0
‐3.003.06.09.012.02012 20132011(%)
64,890
‐5.4
59,718
5,172
(Person) man femal year on year
Stable Securing of Volunteer Probation Officers
47000
47500
48000
48500
49000200948,936
48,851
48,664
48,221
47,990
47,914
2010 2011 2012 2013 2014
In accordance with"A Proposal of the Expert Committee Considering
Juvenile Corrections"in 2010,"Integrated Measures for Repeated Crime
Prevention"in 2012, and"The Strategy to Make
‘Japan the Safest Country
in the World"in 2013, etc., the new Juvenile Training Schools Act and the
Juvenile Classification Homes Act were established on June 4, 2014. Under
these Acts, the Ministry will progress 1) the improvement of treatment
toward re-offending prevention, 2) the implementation of appropriate
treatment and 3) the promotion of open management of facilities.
Establishment of New Juvenile Training Schools Act and Juvenile Classification Homes Act
Juvenile training schools have developed and introduced correctional
education programs for juveniles who have turned to drug-related or
sexual delinquency, and improved the education etc. from victims’
point of view. The correctional education is appropriately implemented
in accordance with the problematical aspects and the development
level of the mind and body of each juvenile. The schools will continue
to develop and implement various education programs according to
the characteristics of juveniles.
Furthermore, as one of the measures for re-offending prevention,
the schools will work to enhance the support of juveniles’
rehabilitation
into society, such as job assistance which aims to crystallize their
future life planning, the improvement of examination guidance for
a Certificate for Students Achieving the Proficiency Level of Upper
Secondary School Graduates as well as educational support.
Improvement of Correctional Education, etc. in Juvenile Training Schools
Further Improvement of Juvenile Correction
The Ministry of Justice has been strengthening efforts
toward the prevention of re-offending by changing laws.
Recently, I frequently hear about juvenile crimes on the news.
Have you been taking any measures?
くろまるLogo of the Correction Bureau
The yellow letter C represents"Change
(reformation and transformation)"the red
letter C represents"Challenge (attempt and
passion for reformation)"and the blue letter
C represents"Cooperate (collaboration with
citizens)"
. The green letter S piercing through
the three Cs represents a resolution to become
"something"that is supported by society
through contribution to society (SOCIETY).
39 40
Enforcement of Proper Criminal Policy 0505EnforcementofProper
Criminal
Policy05EnforcementofProper
Criminal
Policy
In order to promote entry of highly skilled foreign professionals,
a points-based system that provides highly skilled foreign
professionals with preferential immigration treatment was
introduced on May 7, 2012.
The activities of highly skilled foreign professionals are classified
into three categories:"advanced academic research activities,"
"advanced specialized/technical activities"and"advanced
business management activities"
. According to the characteristic
features of each category, points are set to each item, such as
"academic background,"
"professional career,"
"annual salary,"
"research performance"and the like. If the total points reach 70,
the foreign nationals will be recognized as"highly skilled foreign
professionals".Objectives and Outline of the System
❶Permission for Multiple Activities During the Stay in Japan
Usually, a foreign national is only allowed
to engage in the activities permitted under a
single status of residence. However, a highly-
skilled foreign professional may engage in
activities covered by multiple statuses of
residence, such as simultaneously engaging
in research activities at a university and in
the management of a business organization
related thereto.
❷Grant of the"5-Year"Period of Stay
The legally permitted maximum period of
stay (5 years) is granted uniformly to highly-
skilled foreign professionals.
❸Relaxation of Requirements for Grant of the Permission for
Permanent Residence Concerning the Period of Stay in Japan
In principle, a foreign national needs to
stay in Japan for more than 10 consecutive
years in order to obtain permission for
permanent residence. However, foreign
nationals who have engaged in activities
as highly-skilled foreign professionals for
approximately 5 years are eligible to obtain
permission for permanent residence.
❹Permission for the Spouse of the Highly-Skilled Foreign
Professional to Work
When a foreign national staying in Japan
under the status of residence of"Spouse"
intends to engage in activities covered by
statuses of residence for work, such as
"Instructor,"or"Engineer/Specialist in
Humanities/International Services,"he/she must satisfy certain requirements
with regard to academic background, work experience, and
the like, as well as obtain the relevant status of residence.
However, a spouse of a highly-skilled foreign professional may
engage in these activities even if he/she does not have the
required academic background or work experience, etc.
❺Permission for Bringing the Parent(s) to Accompany the
Highly-Skilled Foreign Professional to
Japan
Under the current system, parents of
foreign nationals staying in Japan under a
status of residence for work are not allowed
to enter and stay in Japan. However,
the parent(s) of a highly-skilled foreign
professional or his/her spouse is allowed to
enter and stay in Japan subject to conditions detailed below:
(i) where the parent(s) will take care of a child younger than
7 years of age of the highly-skilled foreign professional or his/
her spouse; or
(ii) where the parent(s) will take care of a pregnant highly-
skilled foreign professional or a pregnant spouse of a highly-
skilled foreign professional
❻Permission for Domestic Workers to Accompany the
Highly Skilled Foreign Professional to
Japan
Only those foreign nationals who stay in
Japan under statuses of residence such
as"Business Manager"etc. may employ
foreign domestic workers. However, a
highly skilled foreign professional may
bring foreign domestic workers to Japan subject to certain
conditions.
❼Preferential Processing of Entry and
Residence Procedures
The entry and residence examinations
for highly-skilled foreign professionals will
be swiftly processed through preferential
treatment.
Details of the Preferential Treatment
Points-Based Preferential Immigration Treatment for Highly Skilled Foreign Professionals
Principal Measures
The following preferential immigration treatment is to be
granted to foreign nationals recognized as "Highly Skilled
Professional(i)"as a result of the points evaluation.
くろまるAdvanced academic research
activities
Activities of engaging in
research, research guidance
or education based on
a contract entered into
with a public or private
organization in Japan.
くろまるAdvanced specialized/
technical activities
Activities of engaging in work
requiring specialized knowledge or
skills in the field of natural sciences
or humanities based on a contract
entered into with a public or
private organization in Japan.
くろまるAdvanced business
management activities
Activities of engaging
in the operation or
management of a
business organization
in Japan.
The three categories of activities conducted by highly-skilled foreign professionals
In order to contribute to the realization of a tourism-oriented
country, it is necessary to implement both smooth immigration
examinations for trouble-free foreign nationals and strict
examinations for foreign nationals with such motives as working
illegally in Japan.
Efforts have been made to reduce the waiting time for
examinations by assigning"booth concierges"to the examination
areas in the airports, and to promote the use of automated
gates by more people for smooth examinations; in FY 2014, the
number of automated gates across the country was increased
from 40 to 70. In addition, immigration officers were sent out to
companies, passport offices and other places in order to provide
"mobile registration for use of the automated gates"so as to
register applicants as users of the automated gates, and publicity
measures were proactively conducted with the cooperation of the
airport companies and other companies.
Furthermore, with regard to streamlining the departure
and return examinations of Japanese nationals, since return
examinations utilizing facial recognition technology, which do
not require pre-registration in the use of the automated gates,
were considered to be effective, test trials of facial recognition
technology were conducted at Narita Airport and Haneda
Airport during August and September of 2014. Subsequently, in
November of the same year, a report
on the test trials was submitted to the
Ministry of Justice by the Committee
for Evaluation of Facial Recognition
T e c h n o l o g y i n t h e I m m i g r a t i o n
Examinations, the committee composed
of outside experts. In the report,
although there were still some points
requiring consideration, it was deemed
that "facial recognition technology
has been evaluated as being sufficiently feasible for use in the
departure and return examinations for Japanese nationals"and
in the future, studies are to be promptly conducted with regard to
implementing facial recognition technology in the departure and
return examinations of Japanese nationals.
As for streamlining the cruise ship examinations and expanding
the scope of foreign nationals eligible to use the automated gates,
in accordance with the passing of the Act for Partial Amendment
of the Immigration Control and Refugee Recognition Act in June
2014, which includes the introduction of a system of landing
permission for cruise ship tourists and the use of automated
gates by trusted travelers, it has become possible for foreign
passengers of cruise ships designated by the Minister of Justice to
be permitted landing through simplified procedures, and foreign
nationals who are deemed to be trusted travelers posing little risk
in terms of immigration control and those who frequently enter
Japan have become eligible users of the automated gates.
Meanwhile, in regard to the system of landing permission for
cruise ship tourists, the system is in force from January 1, 2015,
and a new framework making trusted travelers eligible to use the
automated gates is due to be enforced within a timeframe of two
years and six months calculating from the date of promulgation of
the Act.
Photo of Immigration Examinations Onboard a Cruise Ship Registration for use of the automated gates
With regard to the implementation of smooth and
proper immigration examinations, the Immigration
Policy Discussion Panel, which is one of the private
advisory groups of the Minister of Justice, submitted a
report to the Minister in May 2013 entitled"Future Ideal
Course of Immigration Control Administration in an Era
Welcoming 25,000,000 Visitors to Japan"in which such
proposals as the streamlining of immigration examinations
for newly entering foreign nationals through the use of
automated gates were made. In addition, as to the
government as a whole, the Action Program for Realization
of a Tourism-Oriented Country was approved by the
Ministerial Council for Promotion of a Tourism-Oriented
Country in June 2013, and this Action Program called for a
system to be established so as to ensure accelerated and
facilitated procedures at the time of cruise ships calling at
port, and to enable those foreign nationals who are
deemed to be low risk in terms of immigration control to be
designated as
"trusted travelers"
and be allowed to use the
automated gates. Moreover, the Japan Revitalization
Strategy was approved by the Cabinet in the same month,
and since the achievement of accelerated and facilitated
procedures at the time of the entry examinations for large
cruise ships was called for in order to realize a tourism-
oriented country, these measures of the government were
passed to the Action Program for Realization of a Tourism-
Oriented Country 2014, and the Japan Revitalization
Strategy revised in 2014.
The number of foreign tourists is expected to grow amidst ongoing globalization.
Have you been taking any measures on immigration examination?
Measures for Smooth and Proper Immigration Examinations
41 42
Immigration Control 06
06 Immigration Control (Immigration Bureau of Japan)06Immigration
Control06Immigration
Control
Some of the foreign nationals residing in Japan include those
who are considered undesirable by Japanese society, such as
those who have illegally entered or landed in the country, those
who have obtained landing permission but are illegally staying after
the expiration of the period of stay or are engaged in activities
other than those permitted, or those who are imposed certain
punishment. The Immigration Bureau handles the prescribed
procedures from detection to investigation, and initiates
deportation procedures in cases where a final decision has been
made on deportation with regard to foreign nationals mentioned
above.
Illegal overstayers who meet certain standards can leave the
country following simple procedures under the departure order.
Deportation
Changes in the Number of Foreign Nationals Entering Japan and Japanese Nationals Departing Japan04002006008001,000
1,200
1,400
1,600
1,800
1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
(Ten thousand
persons)
10,997,431
4,948,366
15,298,125 17,818,590
13,296,330
13,296,330
17,403,565
17,534,565
17,294,935
15,987,250
3,504,470 3,732,450
5,272,095
5,727,240
6,756,830
2,259,894
16,831,1127,450,103
9,152,186
8,107,963
9,146,108
15,445,684
7,581,330
16,637,224
9,443,696
Japanese nationals leaving Japan
foreign nationals entering Japan
16,994,200
17,472,748
18,490,657
9,172,146
7,135,40711,255,221
Number of Foreign Residents by Nationality/
Region (as of the end of Dec. 2013)
Total
2,066,445人
Vietnam
72,256人3.5%Others
434,871人
21.0%
China
649,078人
31.4%
Korea
519,740人
25.2%
Philippines
209,183人
10.1%
Brazil
181,317人8.8%(Note 1)
The percentages (%) shown do not necessarily add up to exactly 100%,
since the second digit after the decimal point has been rounded off and
the numbers are only shown up to the first digit after the decimal point.
(Note 2)
The number given for China is the number of Chinese nationals
excluding those in possession of a residence card or a special permanent
resident certificate with "Taiwan" listed in the "nationality/region" box.
Changes in the Number of Foreign Residents
(as of the end of each year)
(1.59%)
(1.62%)
(1.07%)
(1.32%)
(1.56%)
(1.62%)
(1.67%)
(1.66%)
(1.60%)
(1.63%)0500000
1000000
1500000
2000000
(Person)
2012 2013
1996 2001 2006 2007 2008 2009 2010 2011
(Note 1) The parentheses ( ) show the percentages of foreign residents with respect to the Japanese
population.
(Note 2) The numbers of foreign residents up untill 2011 represent the number of registered foreign
nationals, and from 2012 onwards, the numbers of foreign residents represent the number
of mid to long‐term residents together with the number of special permanent residents.
2,066,445
2,033,656
1,345,786
1,679,919
1,989,864
2,069,065
2,144,682
2,125,571
2,087,261
2,047,349
Immigration Control of Japanese and Foreign Nationals
Japan signed the Convention Relating to the Status of Refugees
and the Protocol Relating to the Status of Refugees, and these
arrangements became effective on January 1, 1982. Various
protection measures, which were stipulated in the convention and
protocol, were granted to refugees.
The Immigration Bureau handles administrative work concerning
landing permission for temporary asylum, refugee status and the
issuance of refugee travel documents.
Recognition of Refugees
On the basis of the Immigration Control and Refugee Recognition
Act (hereinafter referred to as"the Immigration Control Act"
) etc.,
the Immigration Bureau provides for equitable control over the
entry into or departure from Japan of all persons.
Foreign nationals who intend to enter Japan are required to
provide personal identification information (fingerprints and
facial photographs), except for those who are exempt from
this requirement, and must be interviewed by an immigration
inspector. The immigration inspector conducts an examination
to check whether the foreign national meets the conditions for
landing such as whether the passport and visa held by the foreign
national are valid, whether his/her activities to be conducted while
in Japan are legitimate and come under a status of residence
prescribed in the Appended Tables of the Immigration Control
Act, and for certain statuses of residence, the inspector checks
whether the foreign national meets the criteria stipulated in the
Ministerial Ordinance, and that the foreign national does not
fall under the grounds for denial of landing; if the immigration
inspector deems that these conditions have been met, the foreign
national will be permitted to enter Japan. Foreign nationals
who intend to depart from Japan must receive confirmation of
departure from an immigration inspector. Immigration inspectors
also confirm the fact about the departure and return of Japanese
nationals.
Foreign nationals residing in Japan are allowed to engage in
activities based on their status of residence and period of stay
decided when entering the country. If those foreign nationals
intend to change their status of residence, extend the period of
stay, or obtain permission to engage in activities other than those
permitted under the status of residence previously granted or
re-entry permission, they need to take necessary procedures at
the Immigration Bureau. In granting permission for the activities
of foreign nationals in Japan, the Immigration Bureau strives to
ensure the proper residency management of foreign nationals by
paying due consideration to the interests of the Japanese people
and to the security of Japan.
In addition, from July 2012, a foreign national who is residing in
Japan for a mid- to long-term period is issued with a residence
card at the time of receiving permission relating to residence
such as landing permission, permission to change the status of
residence or permission for extension of the period of stay. This
residence card gives such details as the name, date of birth, sex,
nationality or region, place of residence, status of residence and
period of stay of the foreign national.
The alien registration system was abolished in
July 2012 at the time of the implementation of the
new residency management system. For further
details, please check the Immigration Bureau
website.
(http://www.immi-moj.go.jp/newimmiact_1/en/index.html)
Departure and Landing (Returning) Inspections
Residency Management of Foreign Nationals
くろまるSpeedy Immigration Examination! "Automated Gate"
--Convenient for Overseas Business or Sightseeing Trips
Do you know"automated gates"that enable you to go through immigration examination procedures speedily when
you go on an overseas business or sightseeing trip? The automated gate system allows users to go through examination
procedures automatically by identifying them by their passports and fingerprints. If you complete the user registration for
automated gates before departure, you can go through landing and departure examination procedures smoothly using an
automated gate even when the examination area is crowded with people. For further details, please check the Ministry of
Justice website.
くろまるhttp://www.moj.go.jp/nyuukokukanri/kouhou/nyuukokukanri01_00111.html
Automated Gate (Haneda Airport)
Airports with Automated Gates
Narita Airport, Haneda Airport,
Chubu Airport and Kansai Airport
(User registration is available at the above four airports, as
well as at Tokyo Regional Immigration Bureau, Nagoya Regional
Immigration Bureau and Osaka Regional Immigration Bureau.)
The period of stay for those foreign nationals who had been
residing in Japan with the status of residence of"Highly Skilled
Professional (i)"for a period of three years or more and have
transferred to the status of residence of"Highly Skilled Professional
(ii)"is for an indefinite period, and the foreign national is able
not only to engage in the activities of (i) but also in almost all the
activities permitted to statuses of residence with the purpose of
employment, and moreover, is eligible for the preferential treatment
listed in the above-mentioned 3 to 6.
43 44
Immigration Control 0606Immigration
Control06Immigration
Control
Lawsuits in which the national government is the party include
an action for state compensation on the grounds of illegal
activities of government employees who exercise public power
or defects in installation and maintenance of public structures,
civil lawsuits regarding management of government property,
and administrative lawsuits to seek nullification or reversal of
administrative punishment. The Ministry of Justice properly
handles those lawsuits in cooperation with ministries and agencies
which govern administrative work for lawsuits.
Among the lawsuits, there are many serious cases that may affect
the basis of politics, diplomacy, public administration, and economics
in the country and cases that may raise new social or legal questions.
Complex and difficult cases have been submitted throughout the
country. In particular, large-scale class action lawsuits:, lawsuits
of the state compensations associated with the accidents of the
nuclear power plant; lawsuits concerning medicine and public health;
environmental hygiene lawsuits concerning pollution; lawsuits that
seek nullification of permission or punishment in relation to operations
of airports, dams, roads, nuclear power plants and related facilities
or seek an injunction against operations; and lawsuits that demand
compensation for damage caused during the World War II, have
attracted remarkable attention from the society.
To properly make a claim and bear testimony about those lawsuits
from the standpoint of the national government contributes to the
realization of proper settlement based on the law and evidence. By
making contributions to this end, the maintenance of suitable balance
between the benefits of the entire nation and the rights and benefits
of individuals is ensured and administrative principles is expected to
be followed based on the law. The Ministry of Justice is striving for
appropriate and prompt pursuit of lawsuits in order to meet people’sexpectations and demands for justice as an organization which plays a
role in the judicial process.
Also, the litigation bureau is responsible for contributing to the
appropriate settlement of legal matters, as well as preventing disputes
by stating appropriate legal opinions from the perspective of the
country as a whole.
Transition of the Number of Main Lawsuits (2005-2014)
2012 2013 201420112005 2006 2007 2008 2009 2010
Number of cases
newly received
Number of cases
pending in court
Number of
adjudicated cases
[The number of pending cases] shall be the number of cases that have been pended from the previous years. (On January 1 each year)05000
10000
15000
20000
8,473
8,791
8,421
8,814
8,431
8,838
8,507
11,971 11,653 11,260 10,853
9,148
8,514
10,212
8,353
8,572
10,373
9,003
9,214
10,094
8,951
10,507
9,298
8,557
9,942
8,405
10,357
9,448
The Research and Training Institute of the Ministry of Justice
conducts international cooperation activities in various ways,
including the provision of legal technical assistance, to help
establish and strengthen good governance based on the rule of
law in developing countries. These activities contribute significantly
not only to the sound progress in developing countries and
regional stability, but also to the strengthening of measures against
international crimes as well as the promotion of smooth economic
activities in those countries, thereby enhancing the presence of
Japan in the international community.
The Ministry of Justice has been contributing to the development
of criminal justice policies and capacity building of criminal justice
practitioners in developing countries, mainly in the Asia-Pacific
region, through the activities of the United Nations Asia and Far
East Institute for the Prevention of Crime and the Treatment of
Offenders (UNAFEI), which is operated under the joint auspices of
the Japanese government and the United Nations.
Moreover, the Ministry has provided, mainly through activities
of the International Cooperation Department in cooperation
with institutions concerned, legal technical assistance to Asian
countries, such as Vietnam, Cambodia, etc. The department has
provided assistance with a focus on the drafting and amending of
fundamental legal codes, as well as the establishment of systems
and institutions necessary for the operation of law and capacity
building for legal practitioners.
At the"G8 Justice and Home Affairs Ministerial Meeting"held
in Tokyo in June 2008, the Ministers reaffirmed the importance
of providing capacity building assistance to countries requesting
support in the criminal justice field.
The Ministers also affirmed the importance of justice sector
technical assistance in developing judicial systems and basic laws
and training for legal professionals.
The government of Japan also recognized the importance
of legal technical assistance and the need for its strategic
implementation, and as a consequence, the"Basic Policies on
Legal Technical Assistance"(April 2009) was formulated. In May
2013, these policies were revised to set the additional objective
of establishing a favorable investment climate for Japanese
businesses abroad, while emphasizing the conventional strategy
of strengthening the"all-Japan"support system, the system of
cooperation between the government and private sectors. To
pursue these policies,"The Japan Revitalization Strategy"
(revised
in 2014) and"Basic Policies for Economic and Fiscal Management
and Reform 2014 (the so-called robust policies)"
were decided by
the Cabinet. The former policy dealt with the further promotion of
"legal technical assistance"as a measure to establish institutional
foundations which would support Japanese companies in their
businesses abroad. Meanwhile, the latter policy emphasized
"support for development of systems, including legal systems, in
areas where Japan is strong,"to assist Japanese companies in
exploring global markets.
Taking into account the potential number of requests from
developing countries for such legal technical assistance (including
training programs for criminal justice and other legal practitioners),
the Ministry of Justice is determined to continue and further enhance
its international cooperation activities in collaboration with the
relevant organizations, in order to help establish good governance
based on the rule of law, especially in Asia.
The Eighth Regional Seminar on Good Governance for Southeast Asian Countries Local Seminar in Laos (at the Ministry of Justice of Laos)
Litigation
We have been visiting developing countries in Asia etc. and
providing assistance to improve their legal systems so that the
people in those countries can live feeling reassured.
Litigation is the process of filing a motion with the court, making a claim, and/or
bearing testimony on behalf of the national government. In litigation, the national
government is the party (as plaintiff or defendant). The Ministry of Justice
uniformly and appropriately handles these administrative work for lawsuits.
Is there anything that you do for the people around the world
as the Ministry of Justice?
I have heard that litigation bureau has been set up. What does the
bureau do in the first place?
Propulsion of Global Cooperation
Litigation Bureau posts the information of lawsuits of the national government on the Internet and publish
summaries of the major pending lawsuits, major judgments, and so on.
しかく Summaries of the Major Pending Lawsuits
http://www.moj.go.jp/shoumu/shoumukouhou/shoumu01_00024.html
しかく The List of the Major Judgment
http://www.moj.go.jp/shoumu/shoumukouhou/shoumu01_00023.html
しかく The Database of the Important Litigation Precedents
(the system that precedents contained in the"Monthly Litigations"which is the information publication made by the Litigation
Bureau can be searched and browsed)
http://www.shoumudatabase.moj.go.jp/search/html/shoumu/general/menu_general.html
45 46
07 Global Cooperation 08 Uniformed and effectual Handling,
for example court case ralated Japan07Global
Cooperation08Uniformedandeffectual
Handling,for
example
courtcaseralated
Japan
Qualifying Examination
The Ministry of Justice employs officials from among those who have passed the Examination for Comprehensive Service, Examination for
General Service, the Employment Examination for the Ministry of Justice Specialized Staff (Human Sciences), Prison Officers’Employment
Examination and Immigration Control Officers’
Employment Examination.
Contact: Personnel Division, Minister's Secretariat, Ministry of Justice
Those who are employed from the category of public administration, politics / international matters, law, economics, engineering and
culture are generally assigned to various departments of the Ministry and engage in planning measures and policies. Those employed from
human science category are assigned to local offices to make the most of their specialized knowledge.
Contact: Personnel Section, Regional Correction Headquarters
Correctional psychologists work mainly at juvenile classification homes or penal institutions as professional
staff (MOJ technical official (psychology)) making use of their specialized knowledge and skills. They provide
guidelines for treatment of detained juveniles etc. based on the analysis of the causes of delinquency or
criminal acts through interviews and psychological tests, and carry out improvement guidance programs in
penal institutions.
Correctional Psychology Profession
Contact: Personnel Section, Regional Correction Headquarters
Instructors of the Ministry of Justice work mainly at juvenile
training schools or juvenile classification homes to develop the
individuality and ability of juveniles and to ensure their smooth
return to society based on the instructors’broad range of vision
and expertise. To that end, they provide specialized education
(correctional education), including lifestyle guidance and course
education, and also conduct behavior observations. At prisons,
the instructors are engaged in employment support instruction,
course instructions, and so on.
Instructor of Ministry of Justice
Contact: Regional Parole Boards
Probation officers work at probation offices and regional
parole boards with the aim of preventing criminals and juvenile
delinquents from repeating offenses; they also provide support
on social rehabilitation. Specifically, they provide criminals and
juvenile delinquents with instruction through interviews and
treatment programs as well as job assistance, etc. based on
specialized knowledge about psychology, pedagogy, welfare and
sociology.
Probation Officers
Contact: General Affairs Section, Facilities Division, Minister's Secretariat (architecture, electric engineering and
mechanical engineering) / Local offices which intend to employ officials (public administration)
Aside from those who are employed by the Facilities Division, Minister’
s Secretariat (architecture, electric engineering and mechanical
engineering), those who are employed from the public administration category are generally assigned to the local offices outside the Ministry.
Contact: General Affairs Division of the Regional
Immigration Bureaus (Staff Division in the
case of Tokyo Regional Immigration Bureau)
Immigration Detention Centers
Immigration control officers are assigned
to regional immigration bureaus, offices or
branch offices, or to immigration detention
centers. They perform tasks related to
the detection of illegal immigrants or
overstayers, investigation of violations and
treatment and deportation of detainees.
Contact: Personnel Section, Regional Correction
Headquarters
Prison officers are, in principle, assigned to
prisons, juvenile prisons or detention houses.
In prisons and juvenile prisons, the officers
engage in various treatment programs for
inmates to facilitate their rehabilitation and
smooth resocialization.
The detention houses mainly confine those
who are suspects or defenders in custody;
meanwhile the officers prevent them from fleeing or attempting
destruction of evidence as well as give consideration to ensure fair trial.
Employment Examination for Services
The national bar examination is to judge whether those who wish
to become judges, public prosecutors or attorneys-at-law have
necessary knowledge and application ability. In 2006, the national
bar examination was replaced by the new national bar examination
that is linked with the education provided in law schools and
training of legal apprentices.
The national bar examination can be taken by those who have
completed law schools or passed the preliminary bar examination.
However, a time limit is set for taking examinations; the candidates
are expected to take examinations in a five-year period beginning
on April 1 after being qualified.
The examination consists of a short-answer test (including
multiple-choice questions) and an essay test. All candidates
concurrently take both tests.
The successful candidates will be qualified to enter the legal
profession as judges, prosecutors and attorneys-at-law after being
trained in the legal training center of the Supreme Court. (For
details on the training, please contact the Designation Section,
Personnel Department, Supreme Court.)
The purpose of the preliminary bar examination is to judge
whether a person who intends to take the national bar examination
has enough knowledge, the ability to utilize such knowledge, and a
basic grounding in legal practices equal to those who have completed
a course at a law school. The preliminary bar examination consists
of a short-answer test (including multiple-choice questions), an
essay test, and an oral test. There is no qualification requirements
for applicants.
A judicial scrivener represents a clients and engages in
the business concerning various procedures of registration
(commercial or real estate registration) or deposition, and
on receiving authorization from the Minister of Justice, also
represents a client in trials in the summary court. Meanwhile,
a land and house investigator takes charge of the business
concerning investigation, survey, and application procedures
needed for registration, among other things, real estate.
The examinations are national examinations, and they determine
whether candidates have the necessary knowledge and ability to
enter into these professions; the exams are administered under
the authority of the Minister of Justice. Both examinations consist
of written and oral tests, and those who pass the written test are
entitled to take the oral test, and on passing the oral test, they
are deemed to have been qualified. The successful candidates are
able to enter into the respective services after registration and
admission procedures.
しかくResults of the National Bar Examination
Average age of
successful
candidates
Successful
percentage
Candidates
Successful
candidatesYear20102011201220132014
2,074(592)
2,063(478)
2,102(545)
2,049(477)
1,810(408)
25.41%
23.54%
25.06%
26.77%
22.58%29.128.528.528.428.28,163
8,765
8,387
7,653
8,015
Figures in parentheses show the number of women out of the total on the left.
しかくResults of the Preliminary Bar Examination
Candidates
Year Successful candidates2011201220132014
116(13)
219(22)
351(44)
356(37)
6,477
7,183
9,224
10,347
Figures in parentheses show the number of women out of the total on the left.
しかくResults of the National Examination
for Judicial Scriveners
Number of candidates
for the National Examination
for Judical Scriveners
Number of
successful candidates20102011201220132014948879838796759
33,166
31,228
29,379
27,400
24,538
しかくResults of the National Examination
for Land and House Investigators
Number of candidates
for the National Examination
for Land and House Investigators
Number of
successful candidates20102011201220132014471390418412407
6,739
6,310
6,136
6,017
5,754
National Bar Examination
Examination for Comprehensive Service
Examination for General Service (college graduates and high school graduates)
Employment Examination for the Ministry of Justice Specialized Staff (Human Sciences)
Immigration Control Officers’Employment Examination Prison Officers’
Employment Examination
Preliminary Bar Examination
Examinations to Become Judicial Scriveners or Land and House Investigators
For further information, please contact the National Bar Examination Commission
Address: The Ministry of Justice, 1-1-1 Kasumigaseki, Chiyoda-ku, Tokyo 100-8977 Tel: 03-3580-4111
人事院・法務省
刑務官は、
刑務所、
少年刑務所又は拘置所に勤務します。
刑務A
男子の被収容者に対し、
日常生活の指導、
職業訓練指導、
悩みご
とに対する指導などを行うとともに、
刑務所、
拘置所等の保安警
備の任に当たります。
刑務B
女子の被収容者に対し、
日常生活の指導、
職業訓練指導、
悩みご
とに対する指導などを行うほか、
刑務所等におけるその他の任に
当たります。
1 刑務A、
刑務A
(武道)、刑務B、
刑務B
(武道)
昭和60年4月2日〜平成9年4月1日生まれの者
2 刑務A
(社会人)、刑務B
(社会人)
昭和49年4月2日〜昭和60年4月1日生まれの者
(注記)1、
2ともに、
Aは男子、
Bは女子に限る。刑務官募集刑務官募集
平成26年7月22日
(火)9:
00〜7月31日
(木)
[受信有効]
http://www.jinji‐shiken.go.jp/juken.html
平成26年7月22日
(火)
〜7月25日
(金)
[通信日付印有効]
法務省ホームページ
http://www.moj.go.jp/
刑務官とは
受験資格強い心を待っています。インターネット
インターネット申込専用アドレス
郵 送 等
平成
26年度
平成
26年度
郵便で受験申込用紙を請求する場合は、
往信用封筒の表に赤
字で
「刑務請求」
と書き、
140円切手
(一部の場合)
を貼った宛
先明記の返信用封筒
(角型2号)
を同封の上、
右記へお送りく
ださい。
第一次試験
平成26年9月21日
(日)
47 48
Qualifying and Employment 09
09 Qualifying and Employment09QualifyingandEmployment09QualifyingandEmployment
German architects
Left : W. Böckmann
Right : H. Ende
Birth of the Red-Brick Building and the Architectural Techniques
The message gallery corner displays materials concerning major public relations themes to
promote national understanding of the judicial system, the administration of the Ministry of
Justice, etc. At present, materials relating to the Saiban-in (Lay Judge) System and the Japan
Legal Support Center (Houterasu) are exhibited as topics concerning the new judicial system.
The Ministry of Justice Museum--Message Gallery inside the
red-brick building of the Ministry consists of a room restored to
its original appearance (formerly used as the dining room of the
Justice Minister’
s official residence) which retains the atmosphere
of the Meiji era, and an adjacent room with brick walls. It exhibits
various historical materials and data on the"modernization of the
judiciary"and"architectural modernization"as well as information
on promotion and publicity for the new justice system.
The Museum exhibits materials concerning the activities of the
old Ministry of Justice compiling basic legislation which required
urgent enactment in the first half of the Meiji era, such as the laws
concerning the organization of the judiciary and criminal laws,
as well as records related to the service rendered by the foreign
jurists invited to Japan. In addition, the Museum displays the
historical records of some sensational cases in the Meiji era as well
as those related to the administration of justice.
Modernization of the Judiciary
The red-brick building is the only building that still exists among
all the buildings constructed as part of the Central Government
Building Integration Project promoted by the Meiji Government.
The Museum exhibits materials concerning the establishment
of the building that has been designated as a cultural asset
symbolizing the modernization of the Japanese architectural
techniques, and also the project of remodeling and restoration to
its old, original appearance.
Architectural Modernization
Scenery of Museum--Message Gallery
Dining room of the old Justice Minister's official residence
G. Boissonade, a French jurist,
and a draft of the old Japanese
Penal Code
LocationOpenOpening
hours
Reservation
Access
Red-Brick Building of the Ministry of Justice,
1-1-1 Kasumigaseki, Chiyoda-ku, Tokyo
From Monday to Friday/Free admission
(Closed on Saturdays, Sundays, national holidays, the
year-end and New Year holidays)
10-minute walk from JR Yurakucho Station
(Yamanote Line/Keihin-Tohoku Line)
1-minute walk from Tokyo Metro
(Yurakucho Line) Sakuradamon Station
3-minute walk from Tokyo Metro
(Marunouchi Line, Hibiya Line) Kasumigaseki Station
5-minute walk from Tokyo Metro
(Chiyoda Line) Kasumigaseki Station
6-minute walk from Toei Subway
(Mita Line) Hibiya Station
From 10:00 a.m. through 6:00 p.m.
(No admission after 5:30 p.m.)
Please make a reservation by phone or the Internet when
arriving in a group of ten or more. Reservations will be accepted
three months in advance. For reservations, please inform us
of the name of your group (or the name of the representative), the
time of your arrival, and the number of visitors.
くろまるMinistry of Justice Museum Tel: 03-3592-7911 E-mail: renga1@moj.go.jp
くろまるMinistry of Justice Website "Welcome to the Ministry of Justice Museum--Message Gallery" (Japanese-only)
http://www.moj.go.jp/housei/tosho-tenji/housei06_00004.html
Imperial
Palace
Leads to Mita Line, Hibiya Line,
Yurakucho Sta.
Hibiya Park
Kasumigaseki Sta. Sakuradamon Sta.
SakuradamonGateMoatMoatMoatHarumi Str.Uchibori Str.WestGate[Ministry of Justice]
Ministry of
Justice Museum(3F)Leads to the Diet
Central Government
Office No.6‐A
Ministry of Justice s
Red‐Brick Building
49 50
Visit 10
10 Visit10Visit10Visit
Let’
s Participate in the Event
A Field Trip to the Ministry of Justice
The Ministry of Justice provides tours on requests from students
like you so that you can deepen your understanding of the role of
the Ministry.
The officials will explain what the Ministry does as well as answer
your questions. Also, we will take photos at a square called
Sunken Square. You can also take a look around the Ministry of
Justice Museum—Message Gallery which is located inside the red-
brick building.
The red brick building seen from the sunken plaza Photo of an official explaining the duties of
the Ministry at the briefing room
The Ministry of Justice holds events
for elementary and junior high school
students during summer vacation so
that the students can understand more
about what the Ministry does. In FY
2014, the popularity contest of mascots
of the Ministry was held. The students
also enjoyed the experience of press
conference at the briefing room.
Photo with a blue police car and an immigration control officer Photo of the popularity contest of mascots of the Ministry
Events are usually held on Japan Law Day
(October 1) established to provide motivation
for the general public to think about the role of
law. The theme for last year was"Law-Related
Education in the Red-Brick Building."Mock
trials with the participants and professional
lawyers in the same group were held. For
children, law-related classes to learn the
importance of rules were held.
Photo of"Let’
s Make Rules!
〜Who shall Occupy the field? 〜"for elementary school children
Photo of the debate of the judge team at
"Mock Trial with Professionals!"
Public Information Office, Ministry of Justice
(Secretarial Division, Minister’
s Secretariat) TEL:
03-3580-4111
(2053) Ministry of
Justice website
Let’
s Visit the Ministry of
Justice!"Kids’
Room"
JAPAN LAW DAY FESTA 〜Feel Law Close to You〜 Host: Ministry of Justice/Supreme Public Prosecutors Office
Tour of Kasumigaseki for Children
Please check the latest information on the
events on the Ministry of Justice website.
Contact information for tours and
events of the Ministry of Justice
くろまるCONSTITUTION WEEK (May 1-7)
Every year, one week from May 1 to 7 around "Constitution Day" on May 3 is designated as"Constitution Week"
. During
the Week, various programs and events are designed to relate to the people, the spirit of the Constitution, the functions of
the justice system and other related matters are conducted on a nationwide scale. Constitution Week is conducted under
the joint auspices of the Ministry of Justice, the Supreme Court and the Japan Federation of Bar Associations.
くろまるTHE BRIGHTER SOCIETY CAMPAIGN
〜the power of community preventing crime and delinquency, assisting rehabilitation of offenders〜
The purpose of this nationwide campaign is to help people understand the
importance of the prevention of crime and delinquency and rehabilitation of offenders
so as to build, through their combined efforts in their
respective positions, a brighter society that is free
from crime and delinquency.
Around the month of July each year, highlights are a
variety of activities rooted in local communities across
the country, and they have called for the cooperation
and understanding of the rehabilitation of offenders.
さんかくWith the help of Mr. Shinji Tanimura, the flag Artist for The Brighter Society Campaign,
we call for a better understanding and cooperation toward the campaign.
Poster"Human Rights
Volunteers"
くろまるMeasures for Illegal Foreign Workers Campaign
くろまる Constitution Week
くろまる Nationwide Children's Rights Hotline Promotion Week
くろまる The Brighter Society Campaign
くろまるNOTARIZATION WEEK October 1-7
Every year, one week from October 1 through 7 is designated as Notarization
Week, and in order to publicize the notarial system, public information activities
through the media such as newspapers and TV, the display of posters, the
distribution of leaflets, the holding of lecture meetings and consultation services
are extensively carried out in all parts of the country.
くろまるJAPAN LAW DAY WEEK October 1-7 "Japan Law Day"originates from"Judicial Memorial Day (Shiho-kinenbi)"which
was inaugurated on October 1, 1929 to commemorate enactment of the Jury Law
on October 1 of the previous year, and on June 24, 1960, the Cabinet decided to
designate the 1st of October every year as"Law Day". Every year, the week starting on October 1, Japan Law Day, is designated as"Japan
Law Day"Week. During the Week, various programs such as lectures, free legal counseling
services and other related programs are organized all across the country in order to promote
respect for law, protection of fundamental human rights and establishment of an orderly
society through the rule of law. Japan Law Day Week is conducted under the joint auspices of
the Ministry of Justice, the Supreme Court and the Japan Federation of Bar Associations.
くろまるHUMAN RIGHTS WEEK
The United Nations General Assembly at its 5th session
in 1950 invited Member States to adopt December 10 as
"Human Rights Day"to commemorate December 10, 1948,
on which the Universal Declaration of Human Rights was
adopted by the General Assembly at its 3rd session, and to
exert increasing efforts in this field. In Japan in 1949, the year
following the adoption of the Declaration, the week ending on
December 10 each year was designated as"Human Rights
Week"and nationwide human rights promotion activities have
been carried out since then.
Poster "Human Rights Week"
Enlightenment on the Pitch
くろまる Nationwide Promotion Week for
Counseling on the Human Rights of
the Elderly and the Disabled
くろまる Japan Law Day
くろまる Notarization Week
くろまる Nationwide Legal Affairs Bureau
Holiday Counseling
くろまる Nationwide Women's Rights
Hotline Promotion Week
くろまる North Korea Human Rights
Infringement Issue AwarenessWeekくろまる Human Rights WeekMayJanFebMarAprJunJulAugSepOctNovDec
くろまるHUMAN RIGHTS VOLUNTEERS’DAY In commemoration of the enforcement day of the Human Rights
Volunteers Act (June 1, 1949), the 1st of June was named"Human Rights
Volunteers’Day"
. Every year around this day, Human Rights Volunteers
carry out nationwide activities by setting up special human rights
consultation booth and conducting human rights promotion.
くろまる Human Rights Volunteers’Day51 52
11 Main Weekly and Monthly Events of the Ministry of Justice
Let’
s Visit the Ministry of Justice!10Visit11Main
WeeklyandMonthly
Eventsofthe
MinistryofJustice
53 54
2 Criminal Affairs Bureau
Criminal Affairs Bureau
7 Immigration Bureau
Immigration Bureau
8 Judicial System Department
Judicial System Department
9 Research and Training Institute of the Ministry of Justice
Research and Training Institute of the Ministry of Justice
10 Public Prosecutors Office
Public Prosecutors Office
11 Public Security Examination Commission
Public Security Examination Commission
12 Public Security Intelligence Agency
Public Security Intelligence Agency
3 Correction Bureau
Correction Bureau
4 Rehabilitation Bureau
Rehabilitation Bureau
5 Human Rights Bureau
Human Rights Bureau
6 Litigation Bureau
Litigation Bureau
The Immigration Bureau is responsible for work pertinent to examination
when Japanese nationals or foreign nationals enter or depart from
Japan, proceedings for foreigners staying in Japan, and deportation of
illegally overstaying foreigners. The Bureau is also responsible for
proceedings for refugee recognition when foreigners seek asylum in
Japan for fear of persecution in their own countries.
The Judicial System Department conducts a wide range of work related to the judicial system, including the structure of the
court, measures to make the court more accessible to the general public, how to settle disputes by means other than a trial,
the lawyer system, and training of legal professionals. The Department also promotes efforts for enrichment and development
of law‐related education so that all citizens can gain a good understanding of the importance of laws and judicial process.
The Research and Training Institute of the Ministry of Justice is responsible for compiling
the outcomes of the studies and research on crimes in the White Paper on Crime as well
as providing training for the officials of the Ministry of Justice. Also, the Institute helps to
create laws for those countries where laws are not well prepared as well as provides inter‐
national training for the prevention of crimes in cooperation with the United Nations.
The Public Prosecutors Office investigates crimes in cooperation with the police and decides
whether or not to bring indictments against criminals to the court, and when decided, the
Office asks for proper punishment against criminals in the court.
The Public Security Examination Commission is responsible for fair examination and decisions from neutral
viewpoints upon requests from the Director‐General of the Public Security Intelligence Agency for control measures
against subversive organizations which pose threats to the safety of the country and the citizens through violence.
The Public Security Intelligence Agency conducts work to protect the safety of the country and the citizens from
organizations which push their assertions with violence such as terrorist organizations. For example, the Agency is
undertaking investigation into an organization called Aum Shinrikyo which committed indiscriminate mass murder
in the past so that the similar incidents will never happen again.
The Civil Affairs Bureau conducts work pertinent to registration, family registration, nationality, deposit, notarization, etc.
The Bureau also manages and operates the Legal Affairs Bureau and the District Legal Affairs Bureau, as well as draws up
bills regarding basic civil laws such as the Civil Code, the Commercial Code and the Code of Civil Procedure, etc.
The Criminal Affairs Bureau plans and drafts bills to inflict punishment on those who committed crimes, asks for
cooperation to foreign countries or responds to request for cooperation from foreign countries to investigate
cases as well as provides assistance for the activities of the Public Prosecutors Office.
The Correction Bureau is responsible for giving guidance or supervision to
correctional institutions such as prisons or juvenile training schools so that the
treatment (such as security, prison work, classification, assessment, education,
medical treatment, hygiene, etc.) of inmates are properly executed. The Bureau
is also responsible for conducting research and studies on new treatments.
The Rehabilitation Bureau is responsible for giving living guidance or livelihood support in
cooperation with private citizens to juvenile delinquents who committed crimes to help them
rehabilitate in local communities without letting them turn to delinquency again. The Bureau is also
responsible for conducting crime prevention activities such as The Brighter Society Campaign as
well as work pertinent to parole from prisons or juvenile training schools.
The Human Rights Bureau handles various human rights problems regarding
discrimination, abuse, bullying, violation of privacy, etc. and conducts activities
such as human rights counseling, investigation and remedies for human rights
infringement cases as well as human rights promotion in cooperation with
Human Rights Volunteers who are private citizens.
The Litigation Bureau conducts work as attorneys for the national government. The Bureau files a motion
with the court, makes a claim and/or bears testimony on behalf of the national government in lawsuits where the
government is the plaintiff or the defendant.
There are more than 70 unique mascots that reflect the regional characteristics
of the features and locations of each administrative agency of the Ministry of
Justice around the country,such as the Legal Affairs Bureau, the Public Prosecutors
Office and the Probation Office, etc. Let us introduce some of the mascots.
The Ministry of Justice is working hard to create a
comfortable society close to you.
For example, the Ministry of Justice makes basic rules so
that everyone can live peacefully, provides education at
prisons or juvenile training schools so that the persons who
committed crimes will never do wrong, or helps them
rehabilitate while leading a social life. Also, when human rights
infringement such as bullying occurs, the Ministry conducts
investigations so that bullying will never happen again.
Furthermore, the Ministry examines Japanese or foreign
nationals when they enter or depart from Japan, as well as
conducts various kinds of work to build a livable society. Now,
let s take a look at what the Ministry of Justice does!
Henro‐chan
of Takamatsu District
Kids’ Room
Kids’ Room
What does the Ministry of Justice do?
1 Civil Affairs Bureau
Civil Affairs Bureau
Jin Jin of Personnel Division of
Minister s Secretariat, Ministry of Justice
Katakkuri‐chan
of Asahikawa Prison
Appuri of
Aomori District Public
Prosecutors Office
Akaruiine of
Osaka Probation Office
KOBE Online‐kun of Kobe
District Legal Affairs Bureau
Toramii
of Mie Prison
Online Shiisa of Naha
District Legal Affairs Bureau
Saikan‐kun of
Saitama Juvenile
Classification Home
Napo of Nagoya High Public
Prosecutors Office
Saiban‐Inko
of Fukuoka High Public
Prosecutors Office
Kyo‐no‐Shamei‐kun
of Kyoto
Probation Office
Fuku‐chan of Fukushima
District Legal Affairs Bureau
Jakkun of Nagasaki
District Legal Affairs Bureau
Poppo‐chan
of Fukuoka Regional
Immigration Bureau
Work Guide
Toribu
of Tokyo Regional
Immigration Bureau
Shizu‐chan and Oka‐chan
of Shizuoka Prison1212
Kids’Room12
Kids’Room Human Rights
Campaign
Characters
Human Rights
Campaign
Characters
Jin‐KEN‐Mamoru Kun & Jin‐Ken‐Ayumi Chan
The mascot for the
law‐related education
Hourisu‐kun
A rehabilitation penguin
Hogo‐chan
Public prosecutor
Judge
The mayor of the municipality
registers information such as
when the person was born,
who the parents are, when
the person got married, etc.
under the family registration
system.
【Work Guide ❶】
Information on the name of
t h e c o m p a n y a n d i t s
address, what kind of work
the company does, etc. are
p u b l i s h e d u n d e r t h e
commercial registration
system to safely conduct
economic activities.
【Work
Guide ❶】
In collaboration with local volunteers, we
support persons who have committed crimes
and juvenile delinquents for reintegration to
society by providing consultation on daily issues
as well as encouraging them to work on activities
which can help society.
【Work Guide ❹】
The Rehabilitation Bureau is seeking
private employers who willingly hire
offenders and provide cooperation so
that the offenders can return to
society.
【Work Guide ❹】
The Immigration Bureau examines Japanese and foreign
nationals whether they have any problems or not when
they enter or depart from Japan.
【Work Guide ❼】
The staff of the Ministry of Justice gives lessons,
creates teaching materials, etc. to communicate the
importance of law.
【Work Guide ❽】
The Research and Training Institute conducts
international work by helping the countries where laws
are not well prepared create laws.
【Work Guide ❾】
The Public prosecutor investigates cases, express their opinions
by submitting evidence to the court, etc. so that punishment is
properly imposed.
【Work Guide ❿】
The Human Rights Bureau works
for the importance of human
rights and provides advice on
discrimination, abuse and
bullying.
【Work Guide ❺】
The Correction Bureau manages
facilities for rehabilitation (prisons,
juvenile training schools, etc.) that
confine those who have committed
crimes or turned to juvenile
delinquency.
【Work Guide ❸】
Defendant
Defense
cousel
Why do we need rules?
しろまる×ばつ
COMPANY
しろまる×ばつ
COMPANY
MINISTRY OF JUSTICE
Published in 2015 by the Public Information Office,
Ministry of Justice (Secretarial Division, Minister s Secretariat)
1‐1‐1 Kasumigaseki Chiyoda‐ku, Tokyo 100‐8977 Tel. 03‐3580‐4111
Website: http://www.moj.go.jp/ Twitter @MOJ̲HOUMU
Central Government Office Complex No.6‐A which houses the Ministry of Justice consist of 21 floors and 4
basement floors. The building is functionally divided into two zones: The Ministry of Justice zone on the north
side and The Public Prosecutors Offices zone on the south side. The outer wall of the building is covered
with dignified reddish granite from Canada that harmonizes well with the red‐brick wall.
The building was completed on June 30, 1990 as the new Ministry of Justice building. During its
construction, the preservation and restoration of the old Ministry of Justice building (the present red‐brick
building of the Central Government Office Complex No.6) was discussed, and it led to the conclusion that the
building should be preserved and utilized‐‐ As the only remaining historical building among the Central
Government Building Integration Project drawn up in the Meiji era, the retention of the building is essential for
the setting of the Kasumigaseki district As for the external appearance, it was restored to its original state.
The original red‐brick building, designed by the two German architects W. Bockmann and H. Ende, was
completed in December of 1895 (the 28th year of Meiji) after about seven years of construction to serve as
the Ministry of Justice building. The roofs and floors of the building were destroyed by fire in March 1945 (the
20th year of Showa) during World War II, but the red‐brick wall remained intact. When the structure was
renovated through the restoration work conducted from 1948 (the 23rd year of Showa) to 1950 (the 25th year
of Showa), some alterations were made in the materials and the shape of the roof. The present red‐brick
building has, however, been restored completely to its original appearance of 1895, and its exterior was
designated as a national important cultural property on December 27, 1994.
ACCESS TO THE MINISTRY OF JUSTICE
Hibiya Park
Ministry of
Agriculture,
Foresty &
Fisheries
Ministy of Health,
Labour & Welfare
Hibiya Str.
Iwaida Str.
Sakurada Str.
HarumiStr.UchiboriStr.A105A1
Kasumigaseki Sta.
KasumigasekiSta.KasumigasekiSta.Hibiya Sta.SakuradamonSta.Ministry of
Justice
Red-Brick
Building
くろまる 10‐minute walk from JR Yurakucho Station
(Yamanote Line/Keihin‐Tohoku Line)
くろまる 1‐minute walk from Tokyo Metro
(Yurakucho Line) Sakuradamon Station
くろまる 3‐minute walk from Tokyo Metro
(Marunouchi Line, Hibiya Line) Kasumigaseki Station
くろまる 5‐minute walk from Tokyo Metro
(Chiyoda Line) Kasumigaseki Station
くろまる 6‐minute walk from Toei Subway
(Mita Line) Hibiya Station
Full view of the Ministry of Justice (Central Government Office Complex No. 6‐A and the Red‐Brick Building)
Tokyo High Court
Mninistry of Internal
Affairs &
Communications
Metropolitan
Police Department
Public
Prosecutors
Office
History of the Ministry of Justice Building

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