Transcript Presentation of Mr.Terutoshi Yamashita, Director of UNAFEI

An Overview
of Diversion and the Prison Situation
for
6 October 2015
YAMASHITA, Terutoshi
DIRECTOR
UNAFEI
An Overview of the Statistics (2013)
Penal
Code
Offenses
Special
Law
Offenses
Prosecution
Occurrence of Crime
(unknown to the police)
Reported cases
Identified suspects
?
(1,900,000)
(880,000)
6,700 persons
awaiting trial
Reported cases
(450,000)
Identified suspects
Non-prosecution
(830,000)
Summary
prosecution
(310,000)
55,000
prisoners
1945
1975
2005 2013
(To Family Court) (100,000)
(Prosecution)
(90,000)
From White Paper on Crime (2014)
Sentencing
(Suspended)
(32,000)
(Imprisonment)
(23,000)
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2
Prosecutorial Disposition (2003 - 2012)
30,000 in 2013
60,000 in 2013
From White Paper on Crime (2013)
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Legal System and Practices
Behind Diversion
A. Exclusive Power of Prosecution
Criminal Procedure Code
Art. 248
Considering
B. Discretionary Power of Non-prosecution  the character, age, environment
of a suspect
 The gravity of offence
C. Degree of Certainty in Proving
 Circumstances and situation
a Case for Prosecution
after the offence
D. Utilization of Summary Procedure for Fine Prosecution is not needed.
E. Investigative Authority of Prosecutors
Criteria almost same as court judgement
Proof beyond a reasonable doubt
Importance of Interview
Criteria
No written guidelines
Unwritten and/or customary law
accumulated from the past practices
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Yakuza (Japanese mafia)
in the Prisons
From White Paper on Crime (2012)
5
Yakuza (Mafia) in the Prisons
Population 120,000,000
Prisons
Yakuza (mafia) 80,000
Yakuza (mafia)
Shinkansen capacity
One car for
100 passengers
Society
Yakuza in
Shinkansen
Prison
60,000～87,000
2,000～4,000
1,300
0.8 person
2 to ４ cars
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Prisoners for Drug Related Crimes
(194 – 2013)
prisoners newly sent to prisons for drug related crimes
(1994 – 2013)
New prisoners
Total prisoners (%)
Female Prisoners (%)
New female prisoners
included
‘94
‘98
‘03
‘08
‘13
From White Paper on Crime (2014)
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Repeat Prisoners
Repeat offenders among prisoners newly sent to the prisons
(1994 – 2013)
Female
Total
(×1000 persons)
(×100 persons)
1st imprisonment
1st imprisonment
Re-imprisonment
‘94
‘98
‘03
‘08
Re-imprisonment
‘13
‘94
‘98
‘03
‘08
‘13
From White Paper on Crime (2013)
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Elderly Female Prisoners
(over 64 yrs) Newly Sent to Prisons
accounts for around 30 %
Over 64 yrs 29.2%
50 to 64 yrs 17.7%
40 to 49 yrs 12.9%
2013
（％）
30 to 39 yrs
20 to 29 yrs
Under 20 yrs
11.7%
11.3%
17.2%
100
80
70
60
50
40
30
20
10
0
14
1984
89
93
98
03
08
13
From White Paper on Crime (2014)
犯罪白書 2014 年版より作成 From WHITE PAPER ON CRIME 2014
90
9
(persons)
Elder prisoners newly sent to the prisons
(1994 – 2013)
Elder prisoners Rate
New prisoners over 64 years old
Elderly Prisoners
(1994 - 2013)
1994
1998
2003
2008
2013
From White Paper on Crime (2014)
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THANK YOU
FOR YOUR ATTENTION
Mt. Fuji
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