Questions and Answers on Juvenile Cases

Supreme Court of Japan > Judicial System in Japan > Questions and Answers on Juvenile Cases

※ All court proceedings are conducted in the Japanese language (Article 74 of the Court Act).

No. 1 Juvenile Hearing and Decision and Proceedings Thereof

1. What Are Juvenile Cases?

2. Acceptance of Cases

3. Investigation by a Family Court Investigating Officer

4. Hearing and Decision

5. Test Observation

6. Commission of Correctional Guidance

7. Educational Approaches at Family Court

8.Types of Dispositions

9. Appeal

No. 2 Victim Protection Systems

1. System for the Victims of Juvenile Crimes

2. We Hear the Opinions of the Victims of Juvenile Crimes.

No. 3 Amended Juveniles Act

What are the juvenile cases handled by the family court?
The following three types of juvenile cases are handled by the family court.
1. Cases concerning a juvenile of 14 years of age or older and under 20 years of age who committed a crime (such juvenile is called "juvenile offender")
2. Cases concerning a juvenile who committed an act violating criminal laws and regulations but is not legally considered to have committed a crime because he/she was under 14 years of age at the time when he/she committed the act (such juvenile is called "juvenile offender under 14").
3. Cases concerning a juvenile under 18 years of age who commits delinquencies, such as failure to submit to legitimate supervision by his/her custodian(s) and is likely to commit a crime in the future in consideration of his/her personality and environment (such juvenile is called "pre-delinquent").
Does the likelihood of committing a crime alone constitute a juvenile case handled by the family court?
A juvenile who has not committed a crime also becomes subject to a juvenile case if he/she does not submit to legitimate supervision by his/her custodian(s), remains absent from home without a justifiable cause or frequents places of ill repute and is considered to be likely to commit a crime in the future (pre-delinquency) in consideration of his/her personality and environment. This is intended to promote the rehabilitation of juveniles by discovering juvenile delinquents at an early date and protecting them appropriately and to prevent crimes. In some cases, a pre-delinquent is also imposed a disposition, such as referral to a juvenile training school. Incidentally, specified juveniles were excluded from the application of the provisions on pre-delinquency in consideration of the fact that they will be considered to be the age of majority under the Civil Code.
Does the case concerning a juvenile under 14 years of age also become a juvenile case handled by the family court?
A juvenile who committed an act violating criminal laws and regulations but is not legally considered to have committed a crime because he/she was under 14 years of age at the time when he/she committed the act is called a juvenile offender under 14. Regarding juvenile offenders under 14, measures under the Child Welfare Act implemented by a child consultation center, etc. are given priority. However, if a prefectural governor or a director of a child consultation center refers a case to a family court, the case becomes a juvenile case handled by the family court.
What family court handles the case if a juvenile committed a delinquency at a place distant from his/her home?
For example, when a juvenile living in Fukuoka with his/her custodian(s) committed a crime while visiting Tokyo and was arrested and referred to a family court in Tokyo, both Fukuoka (domicile and residence) and Tokyo (place where he/she committed the crime and the current location) have jurisdiction over the case. Such case is sometimes transferred to the family court in Fukuoka, which is his/her community, for the purpose of ensuring appropriate hearing and decision from the perspective of protection of the juvenile.
What type of facility is a juvenile classification home?
A juvenile classification home is a facility under the jurisdiction of the Ministry of Justice that is intended to [i] conduct assessments at the request of a family court, etc., [ii] provide persons who are committed to the juvenile classification home, etc. due to measures for observation and protection with treatment for observation and protection, and [iii] provide support for preventing delinquency and crime in the local community, and it implements interviews and various kinds of psychological testing, etc. for the purpose of appropriately determining the dispositions of juveniles. For details, see the web page concerning juvenile classification homes on the Ministry of Justice's website.
What are measures for observation and protection?
Measures for observation and protection refer to the process of referring a juvenile to a juvenile classification home and committing him/her there for a certain period of time when it is necessary to implement psychological testing and interviews, for the purpose of smoothly carrying forward the hearing and decision of the juvenile referred to the family court and appropriately determining the disposition of the juvenile.
In what situations are measures for observation and protection implemented?
It is provided in law that measures for observation and protection are implemented "when they are needed for hearing and decision." The judge decides whether to implement measures for observation and protection depending on the specific case. Generally, it seems that measures for observation and protection are often implemented in the cases where a juvenile is unlikely to appear for investigation, hearing and decision, etc. and the cases where it is necessary to protect a juvenile from negative influences such as a motorcycle gang, in addition to the cases where it is necessary to conduct the assessments of the physical and mental conditions, etc. of a juvenile at a juvenile classification home.
What should be done when one is dissatisfied with a ruling of measures for observation and protection?
When one is dissatisfied with a ruling of measures for observation and protection to refer a juvenile to a juvenile classification home, the juvenile or his/her statutory agent (person who has parental authority and guardian) or attendant can file a motion for the revocation of the ruling with a family court. Such motion is called an objection.
In the same way, such person can file an objection against a ruling of the extension of measures for observation and protection.
How is an investigation by a family court investigating officer conducted?
Ordinarily, a juvenile and his/her custodian(s) are first summoned by a family court. Then, the juvenile and his/her custodian(s) go to the family court on the designated date and receive an interview by a family court investigating officer.
In this interview, the juvenile and his/her custodian(s) are asked about the details of the case and the household, friends, school, work, and history of life of the juvenile. This is for the purpose of seeking the causes of the juvenile's delinquency and obtaining a clue regarding the way of enabling him/her to make a recovery without committing delinquency again.
*Also see the web page concerning investigation by a family court investigating officer (in Japanese).
What about the case where a juvenile argues that he/she does not commit any delinquency?
Where a juvenile argues that he/she does not commit any delinquency, examination of evidence, such as examination of a witness, expert opinion, and inspection, is sometimes conducted. This examination of evidence is conducted by the authority of the family court, and the method and scope, etc. thereof are left to the reasonable discretion of the family court.
If the fact of delinquency is not found as a result of examination of evidence, a ruling not to impose a disposition is made on the grounds of the absence of delinquency.
Are there cases where hearing and decision on a juvenile case are conducted by a panel consisting of three judges?
Yes. Juvenile cases subject to hearing and decision by a panel are not specifically stipulated. However, for example, hearing and decision are sometimes conducted by a panel consisting of three judges in the case where a juvenile argues that he/she has not committed any delinquency and it is thus necessary to more carefully examine the case from diversified standpoints and serious cases involving a juvenile with a complex background of delinquency in which it is difficult to determine the treatment of the juvenile.
For what purpose is test observation conducted?
It may be impossible to immediately determine a disposition of a juvenile depending on the personality and environment of the juvenile. In some of these cases, the juvenile is placed under test observation by a family court investigating officer for a certain period of time in order to determine the final disposition of the juvenile. A family court investigating officer observes the juvenile from the perspective of whether the juvenile is trying to solve his/her own problems while giving him/her advice and guidance. The final disposition of the juvenile is determined based on the result of this observation.
How long is test observation conducted?
A test observation is conducted for around a few months though the period thereof differs depending on the conditions of the juvenile. During the period of test observation, a family court investigating officer observes the juvenile's behavior and confirms whether the juvenile is seriously working on entering further education or getting employment and has reached a state of being expected to be rehabilitated. Based on the result of such test observation, the final disposition of the juvenile, including probation and referral to a juvenile training school, is made.
How long is a juvenile placed with an institution, organization or individual that is commissioned to give correctional guidance to him/her?
The period differs depending on the condition of the juvenile. However, in many cases, a juvenile is placed with an institution, organization or individual that is commissioned to give correctional guidance for around a few months for the purpose of seeing how he/she is doing.
Are there any conditions for becoming a person who is commissioned to give correctional guidance (a responsible person who takes care of a juvenile in the commission of correctional guidance)? In addition, is any special qualification required for such person?
There is no legal condition for becoming a person who is commissioned to give correctional guidance. In addition, no qualification is required. It is only necessary to give guidance to a juvenile with enthusiasm.
However, such person will take care of a juvenile and give him/her guidance on the entirety of his/her life. Therefore, we ask him/her to give consideration to ensuring an appropriate environment and facilities and keeping the secrets of the juvenile. For details, see the brochure titled "Give your assistance to juveniles" that is available at the family court. Also make inquires to family court investigating officers (who are in charge of juvenile cases).
How are expenses incurred when taking care of a juvenile handled? In addition, is any reward paid to a person who is commissioned to give correctional guidance?
No reward is paid to a person who is commissioned to give correctional guidance. However, if a person actually takes care of a juvenile, the whole or part of actual costs required for the juvenile, including food costs and travel expenses, is paid to him/her.
What should I do if I am commissioned to give correctional guidance to a juvenile and have problem giving him/her guidance or am unsuccessful in giving him/her guidance?
You are to consult with a family court investigating officer in charge. During the period of the commission of correctional guidance, a person who is commissioned to give correctional guidance to a juvenile gives guidance to the juvenile. However, a family court investigating officer in charge also visits the institution, organization or individual that is commissioned to give correctional guidance and meets the juvenile and a person who is commissioned to give correctional guidance around one or two times a month to confirm the condition of the juvenile's life. In addition, a family court investigating officer in charge also tries to frequently make contact with a person who is commissioned to give correctional guidance by phone, in writing or by other means. It is important for a person who is commissioned to give correctional guidance and a family court to cooperate with each other in order to realize the successful commission of correctional guidance. If you have any problem with a juvenile to whom you are commissioned to give correctional guidance, please consult with the family court.
What is the purpose of educational approaches by the family court?
Even where a family court does not make a disposition for rehabilitation of an adjudicated delinquent, such as referral to a juvenile training school, and terminates the case by a ruling not to impose a disposition or ruling not to commence the hearing and decision procedure, it also makes educational approaches to prevent the juvenile from repeating delinquencies for the purpose of having him/her deeply reflect on delinquencies he/she committed and make a recovery.
Although there are various methods of educational approaches, it is important to give exact guidance at an appropriate time in accordance with the details of delinquencies and the problems of individual juveniles. Educational approaches are made at various stages until a disposition of a juvenile is finally determined, including the investigation, hearing and decision, lecture, and test observation stages.
What is conducted in actual educational approaches?
For example, the following efforts are made as educational approaches.
1. Guidance through interviews conducted by family court investigating officers with a focus on the problems of individual juveniles and their custodians
2. Admonition to juveniles and guidance to custodians conducted by judges
3. Lectures given to have juveniles hear the realities and feelings of the victims of crimes committed by them and deepen reflection on their delinquencies
4. Lectures on the dangers of the abuse of drugs and responsibility for traffic violations
5. Commission of correctional guidance by which juveniles are placed with a private volunteer for a certain period of time to receive guidance on life attitudes and preparedness for occupation
6. Social service activities to have juveniles participate in local cleanup and elderly care at a welfare facility for the elderly for the purpose of having them have a feeling of making compensation to society and promoting them to have a consciousness of being a member of society
7. Custodians' meetings for the purpose of providing an opportunity for custodians to mutually discuss the role of parents in preventing their children from repeating delinquencies and realize their responsibility as custodians
8. Parent-child training camps for the purpose of adjusting the parent-child relationship through collaborative work by parents and children in the case where a problem in the parent-child relationship is the major cause of delinquency.
What is a disposition for rehabilitation of an adjudicated delinquent?
A disposition for rehabilitation of an adjudicated delinquent means a disposition under the Juveniles Act which is made to have a juvenile referred to a family court undergo rehabilitation. There are three types of such disposition: probation, referral to a juvenile training school, and referral to a children's self-reliance support facility, etc. Incidentally, for some situations, a case is referred to a public prosecutor on the grounds that it is reasonable for a juvenile to receive criminal punishment in the same manner as adult criminals.
I would like to know more about probation.
If a juvenile is determined to be able to be rehabilitated even while functioning as a member of society by receiving guidance and supervision by a probation officer and volunteer probation officer, he/she is placed on probation. Such juvenile lives at home, etc. while fulfilling the predetermined commitments and receives guidance concerning his/her life and friendships from a probation officer and volunteer probation officer. There are the following types of ruling of probation: a ruling of probation to a juvenile under 18 years of age; and
[i] a ruling of six-month probation to a specified juvenile and [ii] a ruling of two-year probation to a specified juvenile. Incidentally, the Ministry of Justice has administrative jurisdiction over probation offices. For details, see the web page concerning probation on the Ministry of Justice's website.
What types of juvenile training schools are there?
Juvenile training schools are divided into the following five types based on the age, physical and mental conditions, tendency toward delinquency, etc. of subject juveniles. Juvenile training schools that a family court designates when making a ruling of referral to a juvenile training school are limited to class 1 to 3 juvenile training schools.

[Class 1 juvenile training schools]
Class 1 juvenile training schools cover persons who are subject to the execution of a disposition for rehabilitation of an adjudicated delinquent, do not have a serious physical or mental disability, and are almost 12 years of age or older and under 23 years of age (excluding those who are covered by a class 2 juvenile training school).

[Class 2 juvenile training schools]
Class 2 juvenile training schools cover persons who are subject to the execution of a disposition for rehabilitation of an adjudicated delinquent, do not have a serious physical or mental disability, have developed advanced criminal tendencies, and are almost 16 years of age or older and under 23 years of age.

[Class 3 juvenile training schools]
Class 3 juvenile training schools cover persons who are subject to the execution of a disposition for rehabilitation of an adjudicated delinquent, have a serious physical or mental disability, and are almost 12 years of age or older and under 26 years of age.

[Class 4 juvenile training schools]
Class 4 juvenile training schools cover persons who are subject to the execution of a sentence at a juvenile training school.

[Class 5 juvenile training schools]
Class 5 juvenile training schools cover persons who received a ruling of commitment to a juvenile training school in the case where they received the execution of two-year probation for a specified juvenile and are found to have failed to comply with the rules to be observed.
I would like to know more about juvenile training schools.
The Ministry of Justice has administrative jurisdiction over juvenile training schools. For details, see the web page concerning juvenile training schools on the Ministry of Justice's website.
What is the difference among a children's self-reliance support facility, foster home, and juvenile training school?
Children's self-reliance support facilities and foster homes are established for the purpose of providing support under the Child Welfare Act. They differ from juvenile training schools, which are basically established for the purpose of providing juveniles with correctional education while committing them to a closed facility, in that they are open facilities and give guidance to juveniles in a family-like environment (however, some juvenile training schools provide open education).
What lifestyle do juveniles have at a children's self-reliance support facility?
At a children's self-reliance support facility, officials and children share daily living, and officials give life guidance, study guidance, and work guidance to children.
What cases are subject to referral to a public prosecutor?
The cases of a juvenile who was 14 years of age or older at the time when he/she committed a crime punishable by the death penalty, imprisonment or imprisonment without work are subject to referral to a public prosecutor. However, the cases concerning a juvenile who is 18 years of age or older at the time of a disposition can be referred to a public prosecutor even if the subject crime is punishable by a fine or lighter punishment.
Incidentally, the family court must, in principle, refer the following cases to a public prosecutor: the cases where a juvenile of 16 years of age or older caused a victim to die by his/her intentional criminal act and the cases where a juvenile of 18 years of age or older committed a crime punishable by the death penalty, life imprisonment or life imprisonment without work or imprisonment or imprisonment without work for not less than one year. However, if the family court finds it reasonable to implement a measure other than a criminal disposition as a result of investigation, it can exceptionally make a disposition, such as referral to a juvenile training school.
Where it was revealed that a juvenile is 20 years of age or older as a result of investigation and hearing and decision procedure, the family court also makes a ruling of referral to a public prosecutor.
What will a case referred to a public prosecutor be like?
 A demand for payment is issued after examining only the contents of the petition filed by the petitioner, and it orders the adverse party to pay money. The amount claimed by the petitioner is written in the section "object of the claim" and the petitioner's arguments are written in the section "statement of the claims." If you are dissatisfied with this demand for payment, you can lodge an objection to it.
 To lodge an objection, please write the required matters in a document called "written objection," which is enclosed with the demand for payment, and send it by postal mail or directly bring it to the summary court that issued the demand for payment. If you lodge an objection, the case will be heard through ordinary litigation proceedings.
 If you do not lodge an objection within two weeks after receiving the demand for payment, a declaration of provisional execution may be attached to the demand for payment. If a declaration of provisional execution is attached to the demand for payment, you may become subject to compulsory execution immediately.
 The period for lodging an objection to a demand for payment is until a declaration of provisional execution is attached to the demand for payment. Meanwhile, the period for lodging an objection to a demand for payment bearing a declaration of provisional execution is within two weeks after receiving the demand for payment bearing a declaration of provisional execution.
If a case is referred to the director of a child consultation center, etc., what measures are implemented at the child consultation center?
It seems that measures implemented differ somewhat depending on the details of delinquency and the realities, etc. of the child consultation center. However, the following measures are basically implemented.
1. Admonition and submission of a written pledge
2. Guidance by a child welfare officer, commissioned child welfare volunteer, etc.
3. Entrustment to foster parents, etc.
4. Admission to a child welfare institution, such as a foster home, facility for children with disabilities, and children's self-reliance support facility
Do the non-imposition of a disposition and the non-commencement of the hearing and decision procedure mean that no disposition is imposed on a juvenile?
The words "non-imposition of a disposition" and "non-commencement of the hearing and decision procedure" tend to cause the misunderstanding that the family court handles a juvenile case without doing anything. However, even where a family court does not make a disposition for rehabilitation of an adjudicated delinquent for a juvenile who committed a delinquency and makes a ruling not to impose a disposition or ruling not to commence the hearing and decision procedure, it carefully investigates the details of and motive for the delinquency, the personality of the juvenile, problems with the environment surrounding the juvenile, etc. through sufficient hearing from the juvenile and his/her custodian(s) and makes educational approaches, such as admonition and guidance by a judge or family court investigation officer. The family court makes a ruling after determining how the juvenile and his/her custodian(s) received such approaches.
*Also see the web page concerning educational approaches by the family court (in Japanese).
In what situation is it possible to file an appeal?
It is provided in law that it is possible to file an appeal against a ruling on the grounds of a violation of laws and regulations that affects the ruling, a serious factual error or a significantly unjust disposition. That is, the following facts are considered as reasons for filing an appeal against a ruling: the hearing and decision procedure at a family court is in violation of law; the fact of delinquency was erroneously found; or a disposition under the ruling is extremely excessively heavy. In such cases, it is possible to file an appeal against a ruling within two weeks from the date of the receipt of the announcement of the ruling. In order to file an appeal, it is necessary to submit a written motion briefly stating the reasons for the appeal to the family court that made the ruling.
What happens if arguments are not accepted at a high court?
A juvenile or his/her statutory agent or attendant can file an appeal against a ruling of a high court with the Supreme Court within two weeks from the date of the receipt of the announcement of the ruling only on the grounds that the determination of the high court is in violation of the Constitution, that interpretation of the Constitution contains an error, or that the determination of the high court is inconsistent with the precedent of the Supreme Court or a high court. This is called re-appeal from an appeal from a ruling. In order to file a re-appeal from an appeal from a ruling, it is necessary to submit a written motion briefly stating the reasons for the re-appeal to the high court that made the ruling.
What systems exist for the victims of juvenile crimes?
The victims of juvenile crimes can file a request with the family court for the following:
1. Inspection and copying of the records of the relevant juvenile case
2. Statement of feelings and opinions
3. Observation of the hearing and decision procedure
4. Explanation on the status of the hearing and decision procedure
5. Notification of the result of the hearing and decision procedure
Can the victim of a juvenile crime inspect and copy the records of the case?
Regarding a case for which the commencement of the hearing and decision procedure was decided, the victim can, in principle, inspect and copy the records of the case at the family court, except for the cases where the reason for requesting the inspection and copying is not justifiable. Regarding other cases, the victim can also inspect and copy the records of the case with the permission of the family court.
Is it possible to see all records of a case?
It is, in principle, possible to inspect and copy the records of the investigation stage and the records of the hearing and decision date, etc. sent to the family court, except for those that are deeply related to the privacy of the juvenile and relevant persons.
How can the victim of a juvenile crime state his/her feelings and opinions at the family court?
The victim of a juvenile crime can directly state his/her feelings and opinions to a judge on the occasion of the hearing and decision procedure or can state them to a judge or family court investigating officer on other occasions.
A victim may feel anxiety about going to a family court and stating his/her own feelings and opinions. Is it possible for him/her to make any request to reduce such anxiety?
In order to reduce such psychological burden, in some cases, a victim may be permitted to ask his/her family, etc. to accompany him/herself to ease his/her tension and anxiety when stating his/her feelings and opinions. So, please feel free to consult with a person in charge at the family court.
Does a victim state his/her feelings and opinions in front of a relevant juvenile?
A victim can state his/her opinions in the absence of the relevant juvenile and the custodian(s) thereof, and it is also possible to implement measures, such as placement of a partition between the victim and the juvenile with his/her custodian(s) on the occasion of the hearing and decision procedure.
What victims can observe the hearing and decision procedure?
The following persons can observe the hearing and decision procedure: the bereaved family of the victim in the case where the victim died due to an intentional criminal act (homicide, injury causing death, injury, etc.) or traffic violation (negligent driving causing death or injury) committed by a juvenile; and the victim or the victim's family in the case where the victim incurred an injury that caused serious danger to his/her life due to such intentional criminal act of a juvenile. However, if the relevant juvenile was under 12 years of age at the time of the case, the victim, etc. is not permitted to observe the hearing and decision procedure under law.
By when is it necessary to file a request for the observation of the hearing and decision procedure?
It sometimes takes time for the family court to determine whether to permit observation. Therefore, please make sure to file a request for the observation of the hearing and decision procedure as early as possible if you wish to observe it (please note that the observation of the hearing and decision is sometimes not permitted if a request for observation is filed near the hearing and decision date).
Can a victim observe the hearing and decision procedure without fail if he/she files a request for observation?
The observation of the hearing and decision procedure is permitted if the family court finds that the observation is not likely to hinder the healthy upbringing of the juvenile and is reasonable in consideration of the age and physical and mental conditions of the juvenile, the nature of the case, the status of the hearing and decision procedure, and other circumstances. If the court finds that the observation of the hearing and decision procedure is unreasonable, the observation is not permitted.
Incidentally, even on the date for which the observation of the hearing and decision procedure was permitted, the victim, etc. is sometimes required to temporarily leave the court of hearing depending on the status of the hearing and decision procedure.
When observing the hearing and decision procedure, can a victim be accompanied by any other person?
If the family court finds that a victim is likely to feel severe anxiety about or tension observing the hearing and decision procedure alone, the victim can be accompanied by a person who is appropriate for easing the anxiety and tension.
Can a victim receive explanation on the status of the hearing and decision procedure?
A victim can receive explanation on the date and hour and place of the hearing and decision procedure, development of the hearing and decision procedure, summary of statements made by the juvenile and his/her custodian(s) and the procedures implemented on the hearing and decision date, such as the result of a disposition.
Can a victim know what disposition was imposed on the juvenile?
A victim can receive a notification containing the following matters by filing a request for the notification with the family court.
1. Names and residences of the juvenile and his/her statutory agent
2. Date of the ruling
3. Main text of the ruling
4. Summary of the reasons for the ruling
Please tell us about the scope of persons who can file a request for systems for the victims of juvenile crimes and necessary documents therefor, etc.
The scope of persons who can file a request, necessary documents, fee for filing a request, period for filing a request, etc. are as summarized in the following lists.
List of the scope of persons who can file a request, necessary fee for filing a request, the period for filing a request, etc.
 Inspection and copying of the records of the caseNotification of the result of the hearing and decision procedure, etc.Explanation on the status of the hearing and decision procedureStatement of opinions
Persons who can file a request1. Victim
2. Statutory agent (person who has parental authority, etc.) of the victim
3. Where the victim has died or has a serious disease or injury, spouse, lineal relative (parent or child, etc.) or sibling of the victim
*Any of those mentioned in 1 to 3 can ask an attorney to file a request.
Necessary documents, etc.(1) Identification card (driver's license, passport, etc.) of the person who files a request
(2) Seal
*In the case of a request filed by a person mentioned in 2 or 3 above, the person is sometimes requested to present materials, such as a material showing his/her relationship with the victim (transcript of a family register, etc.) and a medical certificate of the victim.
Period for filing a requestAfter the hearing and decision procedure is commencedAfter the case is referred to a family court
Within three years from the date on which the two-week period for filing an appeal has passed after the determination of a disposition of the juvenile is announcedUntil a disposition of the juvenile is determined
Fee for filing a requestRevenue stamps for 150 yen (copy fee is separately required) Not required
Scope of persons who can file a request for the observation of the hearing and decision procedure, necessary documents, fee for filing a request, and the period for filing a request
 Observation of the hearing and decision procedure
Persons who can file a request1. Where a victim died due to an intentional criminal act or traffic violation, such as negligent driving causing death or injury, committed by a juvenile
Bereaved family of the deceased victim (spouse, lineal relative (parent or child, etc. of the victim) or sibling)
2. Where a victim incurred an injury that causes serious danger to his/her life due to an intentional criminal act or traffic violation, such as negligent driving causing death or injury, committed by a juvenile
(1) Victim
(2) Statutory agent of the victim
(3) Where the victim has a serious disease or has difficulty observing the hearing and decision procedure, the spouse, lineal relative or sibling of the victim
*It is also possible to ask an attorney to file a request.
Necessary1. Identification card (driver's license, passport, etc.) of the person who files a request
2.Seal
*In addition to the above, a person who files a request is sometimes requested to present materials, such as a material showing his/her relationship with the victim (transcript of a family register, etc.) and a medical certificate of the victim.
Period for filing a requestIt is possible to file a request after the case is referred to a family court.
*It sometimes takes time for the family court to determine whether to accept a request. So, please note that it is sometimes impossible to observe the hearing and decision procedure.
*Whether observation of the hearing and decision procedure is permitted is notified by the court (if permitted, the hearing and decision date is also informed).
Fee for filing a requestNot required
Is there any other system for consideration to victims?
In the juvenile hearing and decision, it is also possible to implement measures similar to measures for easing the anxiety and tension, etc. of a witness in a criminal case. For example, where a victim testifies as a witness on the occasion of the hearing and decision procedure, if a relevant juvenile, etc. is present there, it is possible to implement measures, such as placing a partition between the victim and the juvenile, etc. and permitting the victim to testify from another room connected by a television line.
I heard that the family court sometimes hears what a victim says, separately from the systems for consideration to victims.
In order to reflect the opinions of a victim on investigation and hearing and decision, the family court sometimes hears from a victim about the realities of damage and his/her feelings in writing or through direct interview by a family court investigating officer.
For details, see the next page "We Hear the Opinions of the Victims of Juvenile Crimes."
For what purpose does the family court hear what a victim says?
The family court hears from a victim about the realities of damage and his/her feelings and reflects them in the hearing and decision procedure of the juvenile case for the purpose of further accurately understanding the case and making it possible to appropriately treat the juvenile.
What is a victim asked about? Are statements made by a victim communicated to a judge?
The family court asks a victim about the circumstances where he/she incurred damage and the current state of damage, whether he/she suffers aftereffects from damage and influence on his/her life, the status of apology and compensation by the juvenile, and his/her feeling about the case and the juvenile. A family court investigating officer hears from a victim about those matters while giving sufficient consideration to his/her feelings, etc. and reports what he/she heard to a judge together with the results of other investigations.
Are there any cases where a victim was unduly resented by a relevant juvenile or his/her custodian(s) on the grounds that a disposition of the juvenile became severer due to reflection of the victim's opinions?
The family court never communicates to the juvenile and his/her custodian(s) any matter that the victim does not want to communicate to them if the victim informs the family court of that effect. The family court makes efforts to give sufficient consideration to the feelings and privacy of victims.
What was changed in the amended Juveniles Act that came into effect on April 1, 2022?
The voting age and the age of majority under the Civil Code were lowered from 20 to 18. Persons of 18 or 19 years of age came to hold a position where they are expected to play an active role in society as responsible actors.

In order to ensure that a person of 18 or 19 years of age is treated in accordance with his/her position if he/she commits a crime, the amended Juveniles Act of this time specifies such person as a "specified juvenile" and sets special measures for such person that differ from those for juveniles of 17 years of age or younger.

The major points of the amended Juveniles Act are as follows.
1. Application of the Juveniles Act
Persons of 18 or 19 years of age continue to be subject to the application of the Juveniles Act as "specified juveniles." All cases relating to such persons are referred to a family court, and the family court determines dispositions on those cases.
However, such persons are treated differently from persons of 17 years of age or younger. For example, cases that are, in principle, referred to a public prosecutor are expanded for such persons, and such persons are, in principle, treated in the same way as persons of 20 years of age or older after a ruling of referral to a public prosecutor is made.
2. Expansion of cases that are, in principle, referred to a public prosecutor
The cases of a crime punishable by the death penalty or life imprisonment or life imprisonment without work or imprisonment or imprisonment without work for not less than one year (lower limit of statutory penalty) (for example, the crime of robbery and the crime of forcible sexual intercourse, etc.) committed by a specified juvenile are added to the cases that are, in principle, referred to a public prosecutor.
3. Choice of a disposition for rehabilitation of an adjudicated delinquent to the extent that it does not exceed a juvenile's responsibility for a crime that he/she committed
The family court determines a disposition for rehabilitation of an adjudicated delinquent for a specified juvenile to the extent that it does not exceed the specified juvenile's responsibility of a crime that he/she committed.
4. Lifting of the ban on reporting by true name
It is banned to report the true name, photograph, etc. of a criminal in relation to a case committed by a juvenile. However, this ban is lifted if a case committed by a specified juvenile is prosecuted.
Please tell us about a disposition for rehabilitation of an adjudicated delinquent for specified juveniles.
The amended Juveniles Act stipulates the following dispositions for rehabilitation of an adjudicated delinquent for juveniles of 18 years of age or older (specified juveniles):
- referral to a juvenile training school;
- probation for two years (it is possible to commit a juvenile in a juvenile training school if he/she violates the rules to be observed); and
- probation for six months.
The amended Juveniles Act provides that the family court chooses either of them to the extent that the disposition for rehabilitation of an adjudicated delinquent chosen for a specified juvenile does not exceed the specified juvenile's responsibility for a crime the juvenile committed.
The period of commitment in the referral of a specified juvenile to a juvenile training school is specified by the family court within the range of not more than three years in consideration of the gravity of the crime the specified juvenile committed.
Incidentally, it was determined that a disposition for rehabilitation of an adjudicated delinquent is not made in relation to a specified juvenile on the grounds of the likelihood of committing a crime in the future (pre-delinquency), taking into account the fact that a specified juvenile is of the age of majority under the Civil Code.