- A juvenile got arrested and detained at Minamisenjyu Police Station of the Metropolitan Police Department on suspicion of driving without license and accident causing injury or death…
- A juvenile got arrested by Setagaya Police Station of the Metropolitan Police Department and was sent to a family court on suspicion of breaking into a residence and theft…
1. Juvenile Cases
Juvenile, in general, is easily influenced by his/her surroundings because of psychological immaturity, so the misconduct does not root in a deep criminality. Therefore, juvenile cases have different particularities from criminal cases for adults from the aspect of protection of juvenile. The criminal case for adults is the procedure to impose criminal liability on a person who has committed a crime. On the other hand, the juvenile case is the procedure based on the idea of protective principle that subjects juveniles to protective measures for the purpose of juveniles’ sound development.
2. Flow of Juvenile Cases
(1) Finding of Juvenile Case and Arrest
(2) Sending to Public Prosecutor
Public prosecutor, after case records were sent from the police, determines whether (i) to detain the suspect/juvenile; (ii) to implement measures for observation and protection of juveniles instead of detention; or (iii) to send to a family court without detention.
(3) Sending to Family Court
In juvenile cases, all cases are to be sent to the family court from public prosecutor or police (Article 41 and 42 of the Juvenile Act). This means that it is unacceptable that the juvenile case ends with dispositions of minor cases (bizai shobun in Japanese) or suspension of prosecution (kiso yu-yo shobun in Japanese) (decision not to prosecute). However, on a practical level, a certain amount of minor juvenile cases is sent to the family court according to the simple procedure. This is practically called “summary sending (kani souchi in Japanese)”, but it is not judicial system.
Regarding the juvenile case which was sent to the family court, a final decision is to be made after an investigation by the family court probation officer, hearing and decision.
(4) Measures for Observation and Protection of Juveniles
The family court may implement measures for observation and protection of juveniles, after having referred to the family court, if they are needed for stabilizing minds of juveniles and protecting their safety to carry out hearing and decision.
There are two types of measures for observation and protection of juveniles: Putting a Juvenile under the observation and protection of a family court probation officer; and, referral of a Juvenile to a juvenile classification home.
The period of the measures is normally four weeks. It can be extended up to eight weeks depending on a case.
(5) Investigation
The family court carries an investigation out regarding a juvenile subject to its hearing and decision. There are two kinds of investigations by the family court probation officer: legal investigation concerning the conditions of hearing and decision and presence or absence of the fact of the delinquency; and, social investigation which identifies what treatment would be the most valid and feasible to the juvenile.
(6) Hearing and Decision
Hearing and decision are the procedure to affirm whether the juvenile had committed the fact of delinquency and to select measures appropriate to the contents of the delinquency and problems that the juvenile has. In hearing and decision, a judge determines the final measure of the juvenile on the basis of results of the legal and social investigations.
Hearing and decision is, in principle, held in camera. While criminal cases of adults are principally held in public, hearing and decision in juvenile cases is in camera because there is a need to protect juveniles who are in the process of growing and developing and facilitate social rehabilitation, and the contents of hearing and decision involve with privacy of the juvenile and his/her family.
3. Measures after Hearing and Decision
The family court renders a ruling for protective measures after hearing and decision. They include (1) No disposition; (2) Protective measures; (3) Referral to a children's self-reliance support facility or a foster home; and (4) Referral to a public prosecutor.
(1) No disposition / Decision not to subject a juvenile under protective measures
When it is found impossible or unnecessary to subject a juvenile under protective measures as a result of the hearing, the family court renders a ruling not to subject the juvenile to educational and supervisory measures.
When it decides to impose the juvenile no disposition, the procedures of the case are over.
(2) Protective measures
Protective measures include (i) Placing the juvenile under probation by the probation office; (ii) Referral to a children’s self- self- reliance support facility or a foster home; and, (iii) Referral to a juvenile training school.
- Probation
Probation is the protective measure that assists the juvenile in improving and rehabilitating them by treating them within society while leaving them at home or office. - Referral to a children's self-reliance support facility or a foster home
Referral to a children's self-reliance support facility or a foster home is the protective measure that sends the juvenile to those facilities with the purpose of offering supports concerning the Child Welfare Act. Those facilities are open in contrast to a juvenile training school, so that the juvenile will receive training and advice in open environment. - Referral to a juvenile training school
A juvenile training school is the facility to give correctional education to the juvenile. A juvenile training school is a closed facility that not permits the juvenile to go out for prevention of delinquency of the juvenile. It can be said that this protective measure is the toughest among the measures provided by the Juvenile Act.
(3) Referral to a children’s self-reliance support facility or a foster home
As a result of the investigation by the family court, it refers the juvenile to prefectural governor or child consultation center’s director when it finds that the protective measure concerning the Child Welfare Act is appropriate. Where it is appropriate to leave to the measures taken by child welfare agencies, this measure is to be taken.
(4) Referral to a public prosecutor
Where after an investigation it was found that the juvenile was over 20-years-old, or the disposition to refer a case punishable by death penalty or imprisonment with or without work to criminal procedure is found appropriate for the case as a result of the investigation in light of the nature of the crime and circumstances, the family court refers the case to a public prosecutor under jurisdiction.
If a case was sent back to a public prosecutor, the case would go through the same procedure as in criminal cases of adults.
~Points of Defense Activities in Juvenile Cases~
As compared with criminal cases of adults, in juvenile cases special systems for the purpose of protection and improvement of the juvenile are to be taken. If you worry about a juvenile case, it is important for you to consult with lawyers as soon as possible and take appropriate measures to improve an environment around the juvenile concerned. Lawyers act for the best treatment for the juvenile to be taken as attendant after sending to the family court.
You will receive the best advice from lawyers specializing in juvenile cases at AICHI Criminal Cases Law Firm. Lawyers who specialize in criminal and juvenile cases personally provide with “the free consultation” to you. If the suspect was arrested, we have also “the first interview service” which our lawyers go to the detention facility where the suspect is detained to have an interview, at the shortest on the day.
