Systems for Persons Who Have Suffered Damage from Juvenile Crime

Supreme Court of Japan > Judicial System in Japan > Systems for Persons Who Have Suffered Damage from Juvenile Crime

 A person who has suffered damage from juvenile crime may file the following requests with a family court:
1. Inspection and copying of records of the juvenile case
2. Statement of feelings and opinions
3. Observation of the proceedings
4. Explanation on the status of the proceedings
5. Notification of the results of the proceedings, etc.

1. Inspection and copying of records of the juvenile case

 A person who has suffered damage and his/her certain family members may inspect and copy the case records.
 With regard to a case for which a ruling for commencement of hearing has been given, the records at the investigation stage that have been sent to the family court and records of the date of the hearing may be inspected and copied, in principle, except for those that are deeply related to the privacy of the juvenile or a related person.

2. Statement of feelings and opinions

 A person who has suffered damage may state his/her feelings and opinions on the case to the family court.
 There are the following three methods to state opinions:
(i) Stating opinions to the judge at the proceedings
(ii) Stating opinions to the judge outside the proceedings
(iii) Stating opinions to a family court investigating officer outside the proceedings
 The method will be decided by also considering the wish of the person who filed the request.
 When stating feelings and opinions, the person who has suffered damage may be accompanied by his/her family, etc. in order to ease anxiety or tension.

3. Observation of the proceedings

 If a person who has suffered damage from an intentional criminal act (homicide, injury causing death, injury, etc.) or traffic violation (negligent driving causing death or injury) committed by a juvenile has died or has suffered an injury causing serious danger to the person's life, that person or his/her bereaved family may observe the proceedings, if the family court finds it appropriate and unlikely to hinder the sound development of the juvenile. However, the observation is not permitted under law if the juvenile was under 12 years of age when committing the act.
 If the family court finds that the observer is likely to feel strong anxiety or tension in observing alone, the observer may be accompanied by a person who can appropriately ease the anxiety or the tension.

4. Explanation on the status of the proceedings

 A person who has suffered damage may receive an explanation on the status of the proceedings.
 Specifically, the person may receive an explanation on matters such as procedures conducted on the date of the hearing, including the date, time, and venue of the hearing, the progress of the proceedings, summary of the statements by the juvenile and the custodian, and the disposition made as a result of the proceedings.

5. Notification of the results of the proceedings, etc.

 A person who has suffered damage may receive notification of the results of the proceedings, etc. concerning the juvenile from the family court.
 The contents of the notification include the following:
(i) Name and residence of the juvenile and the statutory agent of the juvenile (such as a person who has parental authority)
(ii) Date of the ruling
(iii) Main text of the ruling
(iv) Summary of the reasons for the ruling

 A request needs to be filed in order to use any of the systems mentioned in 1. through 5. above. For details, including the scope of persons who may file the request and the necessary documents, please inquire with the nearest family court.

Apart from these systems, the family court may ask a person who has suffered damage about the circumstances of the damage or the person's feelings by way of a document or a family court investigating officer directly meeting that person, in order to interview the voice of the person who has suffered damage and reflect it in the proceedings. We ask for your cooperation in such case.