Group 1: JAPAN

Members:
Lupasi, Ana Marie C.
Kiod, Dexter P.
Batan, James Roldan N.
Ricardo, McKevin D.

HISTORY OF MODERN CRIMINAL JUSTICE IN JAPAN

- The development of the criminal justice system in a modern sense was undertaken after
1867.
- In 1880, the government promulgated Chizaiho, the Criminal Procedure Law, modeled after
the Napoleonic criminal code from France. In 1890, the Criminal Procedure Law was revised to
become the Code of Criminal Procedure, the first western style comprehensive criminal justice
system adopted in Japan.
- In 1922, a new Code if Criminal Procedure was promulgated, influenced by German Law.
Thus, the Code of Criminal Procedure from the Meiji era onward can be said to be fully based
on the Continental European system.
- The current Code of Criminal Procedure was promulgated in accordance with the principles of
the new postwar Constitution in 1948 to fully protect fundamental human rights.
- Under this code, the Continental European system is maintained to a much greater degree,
while at the same-time, the best characteristics of Anglo-American law have been adopted.
- The most notable points are the stringent requirements on judicial warrants for compulsory
investigations, restrictions on the admissibility of evidence, such as the hearsay rule, and
adoption of the adversary system in the court procedure. Therefore, the current Code of
Criminal Procedure can be considered a hybrid of the Continental European and Anglo-
American legal system.
- As a result of various systematic reforms since the end of the 20th century, the role of the
judiciary has become more important. Thus, the judicial system has been reformed to afford
swifter, more familiar and reliable justice for the general public. In terms of criminal justice,
criminal procedures have also been amended to enhance and speed up the process, and to
expand the public defense system.
- Additionally, a Saiban*in system has been in place since May 2, 2009, in which the general
public participates in the trial and judgement of criminal cases. As described, the criminal
justice system in Japan has evolved and improved in order to better suit the 21 st century.

A. TRADITIONS
- The legal system of Japan is based upon civil law. Under the Japanese civil law, the accused
is innocent until proven guilty and the burden of proof rest with the prosecutor. The defendant
must be given the benefit of doubt.
MAIN LAW ENFORCEMRNT
National Police Agency (NPA)
- Administered by the National Public Safety Commission (UPSC), ensuring that Japan’s police
are an apolitical body and free of direct central government executive control.
- NPA is headed by a commissioner General who is appointed by the NPSC with the approval
of the prime minister.
PRIMARY DUTIES

1. THE PRELIMINATY INVESTIGATION

- If you are arrested, you can be held for up to 23 days, with a possibility of extension, without
being formally charged with a crime.
- Under Japanese Law, the police are allowed to begin their initial questioning before you see
a lawyer.
- Arrest in Japan usually involves a lengthy stay in police detention.

2. APPREHENSION
- No person shall be arrested except upon warrant issued by a judicial officer, unless
apprehension occurs while the offense is being committed.
- Under the Criminal Procedure Law
- Private civilians can make citizens arrests only when they witness a crime in program.

RESPONSIBILITIES AND DUTIES

- To protect the life, physical body and property of an individual, and take charge of
prevention, suppression and investigation of crimes as well as apprehension of suspects, traffic
control and other affairs concerning the maintenance of public safety and order.

FORMS OF ARREST
*Normal Arrest *Arrest for Flagrant Offenses *Emergency Arrest
1. Normal Arrest
- This arrest takes place when there is sufficient probable cause to suspect that an offense has
been committed by you. Arrest warrant must be issued.
2. Arrest for Flagrant Offenses
- Involves knowingly committing a crime, whereas a serious or a very serious violation typically
involves only accidental or negligent conduct. Arrest can be done without a warrant.
3. Emergency Arrest
- If there are sufficient grounds to suspect that you have committed a crime punishable by
death or life imprisonment.

B. CRIME ISSUES
CRIMES OF JAPAN
- Majority of crimes recorded are Theft Offenses.
- Among violation crimes, the most reported offense are assault and bodily injuries followed by
rapes and homicides.
- The cause of crime in Japan can be attributed to various factors such as socioeconomic
disparities, mental health issues, substance abuse and social pressure.

C. CRIME RATE
-The number of crimes in Japan surged by 17 percent to 703,351 in 2023, marking the second
straight year of increase and pushing the figure closer to pre-pandemic levels, National Police
Agency statistics showed.
- Japan generally has a relatively low crime rate compared to many other countries. According
to Crime Statistics, Japan has ranked 8th with the lowest crime index in the year 2023 with an
index value of 22. 19. Japan’s index is much lower compared to Venezuela with the highest
crime value which is 83.76.
-Most committed crime in Japan is Theft as of 2022

D. CRIME POLICY
- According to the Penal Code enacted in 1907, violent crimes in Japan are categorized into
felony offenses. Felonious offenses include homicide, robbery, arson, and rape, while violent
offenses encompass bodily injury, assault (no physical or mental harm to victim), extortion
and, assembly with dangerous weapons with intent.
- Felony offenses can be sentenced to one to twenty years of imprisonment with labor,
indefinite prison term with labor, or death penalty. Punishment for violent offenses varies from
fines up to 500 thousand Japanese yen to imprisonment with labor for up to 15 years.
-In 2022, no defendant received finalized death sentences, while 10 people are confirmed to
be imprisoned with labor for an indefinite crime.

E. GOVERNMENT
Government Type: Parliamentary Government with a Constitutional Monarchy
- A constitutional monarch in a parliamentary democracy is a hereditary symbolic head of state
(who may be an emperor, king or queen, prince or grand duke) who mainly performs
representative and civic roles but does not exercise executive or policymaking power.
- The emperor is the symbol of the state and does not hold political functions, only performing
ceremonial duties.

WHO IS THE EMPEROR OF JAPAN?

- Hironomiya Naruhito (born February 23, 1960, Tokyo, Japan) emperor of Japan from 2019.
He is Japan’s 126th emperor, and, according to tradition, traces his lineage directly to Jimmu,
the legendary first emperor of Japan.
- Japan chose a constitutional monarchy as its form of government primarily as a result of the
Meiji Restoration in the late 19th century. This decision was influenced by a desire to
modernize and adopt Western political structures while preserving elements of traditional
Japanese culture and the imperial institution. The new constitution, promulgated in 1889,
established the Emperor as a symbol of the state while vesting political power in a
parliamentary system. This blend allowed Japan to maintain stability while pursuing
modernization and development.
F. CONSTITUITON AND LAWS
- The Constitution of Japan, adopted in 1947, lays the foundation for Japan's modern policing
system. Article 9 of the Constitution renounces war as a sovereign right of the nation and the
threat or use of force as means of settling international disputes. This has influenced Japan's
approach to policing, emphasizing civilian control, community-oriented policing, and
cooperation with international law enforcement agencies rather than maintaining a large
military force.
Article 9. Aspiring sincerely to an international peace based on justice and order, the Japanese
people forever renounce war as a sovereign right of the nation and the threat or use of force
as means of settling international disputes.
In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well
as other war potential, will never be maintained. The right of belligerency of the state will not
be recognized.
Several Laws in Japan focus on the policing system, including:
1. Police Law (Keisatsu- ho): This law establishes the organization, structure, and duties of the
police force in Japan.
2. Police Duties Execution Law (Keisatsu-Shokumu-shikko-ho): This law outlines the specific
duties and authorities of police officers in carrying out their responsibilities.
3. Law on Public Safety Commissions (Koan iinkai-ho): This law establishes public safety
commissions at the national and local levels to oversee and supervise the activities of the
police.
4. Code of Criminal Procedure (Shinpan Kosoku) This code governs the procedures for criminal
investigations and trials, including the powers of police to arrest, detain, and interrogate
suspects.
5. Police Cooperation Act (Keisatsu Kyoryoku Ho): This act regulates cooperation between
different law enforcement agencies, both within Japan and internationally.

G. LEGAL POLICY

1. The Japanese Police Law, 1954

ARTICLE 1 The object of this law is to establish an organization of police capable of securing
both the administration and the operation of police based upon the principle of democracy, at
the same time efficiently performing police duties so as to protect the rights and liberties of an
individual and maintain public safety and order.
2. The Police Duties Execution Law, 1948
ARTICLE 1: The object of this law is to provide for the:
1. necessary measures be taken by a police officer for faithfully carrying out his authorities
and duties of protecting lives, physical bodies and properties of individuals, preventing crimes,
maintaining public safety as those provided for in the Police Law (Law No. 162, 1954), as well
as the enforcement of other laws and regulations.

H. POLICE

- The police are the primary investigative agency in Japan. Police responsibilities under the
Police Act include “protecting life, person, and property; preventing, suppressing, and
investigating crimes; apprehending suspects; traffic enforcement; and maintaining public
safety and order”

Organization of Japanese Police

1. National Police Organization
- The National Public Safety Commission (NPSC) and the National Police Agency (NPA)
constitute Japanʼs national police organization.

A. National Public Safety Commission

- After World War II, the Public Safety Commission system was established through the reform
of the police. The main object of the establishment of this system was to ensure democratic
administration and political neutrality of the police under the administrative supervision by the
Commission which consists of members representing good sense of the public.

B. National Police Agency

Organization and Authority
-The Commissioner General, leading the NPA, is appointed by the NPSC with the approval of
the Prime Minister. The Commissioner General, under the supervision of the Commission,
oversees the agencyʼs operations, appoints agency employees, and manages prefectural police
organizations.

C. Organizations Attached to the National Police Agency

- NPA-attached organizations include the National Police Academy, the National Research
Institute of Police Science and the Imperial Guard Headquarters.
The National Police Academy provides training to senior police officers and carries out
academic research. It has training department that includes Community Safety, Criminal
Investigation, Traffic, and Security Training Departments. Experts in each department serve as
instructors or researchers. Academy sub-units that provide advanced and expert training and
conduct research are: the Highest Training Institute for Investigation Leaders, the Research
and Training Center for International Criminal Investigation and Police Cooperation, the Police
Policy Research System of Public Safety Commissions Authority Administrative Supervision
Authority Administrative Supervision Supervision and control within the agency’s defined
duties.
D. Regional Police Bureaus
-Regional Police Bureaus (RPB) are subordinate to the NPA.
- Headed by a Director General, each RPB exercises necessary control and supervision over
and provides support services to prefectural police within its jurisdiction, under the authority
and orders of NPAʼs Commissioner General.

2. Prefectural Police Organizations

- The Police Act requires that each prefectural government has its own police organization to
carry out police duties within its jurisdiction.
A. Prefectural Public Safety Commissions
- Prefectural Public Safety Commissions (PPSCs) are under the authority of elected prefectural
governors. PPSCs supervise the prefectural police by drawing out basic policies for police
operations and establishing regulations in regard to the safety of the public.
B. Metropolitan Police Department and Prefectural Police
Organization and Authority
- The local police force of Tokyo is the Metropolitan Police Department (MPD), while all other
prefectures have their own prefectural police.

C. Police Stations, Police Boxes, and Residential Police Boxes

- The MPD and the prefectural police divide their jurisdiction into districts and place a police
station in each of them. As operational units at the front line, police stations perform their
duties in close contact with the local community.
- Police boxes (Koban) and residential police boxes (Chuzaisho) are subordinate units of police
stations and are located throughout their jurisdiction. They are the focal points of community
police activities and play a leading role in the maintenance of the safety of local communities.
D. Relations Among Prefectural Police Organizations
- When large-scale incidents and crimes across prefectural borders occur, other prefectural
police forces and the NPA render assistance. Each prefectural police can also exercise its
authority in other prefectures for protecting the life and property of its residents and
maintaining the public safety of its prefecture.
JAPANESE POLICE UNIFORM
I. CORRECTION

A. Organization of the Correctional Administration In Japan, the Correction Bureau of the

Ministry of Justice provides both adult and juvenile correctional services. Under the Director-
General of the Correction Bureau, there are eight Regional Correction Headquarters which
supervise the correctional institutions. Correctional institutions can be divided into penal
institutions (prisons, juvenile prisons,5 and detention houses) and juvenile correctional
institutions (juvenile training schools and juvenile classification homes).

1. Penal Institutions

- Prisons, juvenile prisons, and branch prisons are institutions for sentenced inmates. They
provide various correctional treatment programs that facilitate rehabilitation and resocialization
of offenders. There are 9 women’s prisons (including 4 branches)6 and four medical prisons.
The medical prisons are set up to function as special medical centers that receive inmates in
need of special medical care. Ordinary medical care and hygiene for inmates are provided
within general penal institutions.

2. Juvenile Correctional Institutions

- As of 2018, there were 45 juvenile training schools, 49 juvenile classification homes, 6

branch juvenile training schools, and 3 branch juvenile classification homes. Juvenile training
schools house juveniles referred by the Family Court and provide them with correctional
education. Juvenile classification homes house juvenile delinquents placed under “protective
detention” by the Family Court. During protective detention, an expert report on the juvenile’s
personality and disposition is prepared, which will assist the Family Court’s decision-making.

B. Correctional Officials

- As of 2018, more than 23,000 officials were working for the correction service. The majority
of correctional officials in penal institutions are employed from among those who have passed
the examination for correction service. Education officials in juvenile institutions are employed
from among those who have passed a specialized examination. Classification specialists
(psychologists) are selected from among those who have passed the senior-level examination
for psychological services.