Chapter V Special Provisions for Specified Juveniles
The law as Act Partially Amending the Code of Criminal Procedure, etc. to Respond to Advances in Information and Communications Technology, etc. (Act No. 39 of 2025) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Chapter V Special Provisions for Specified Juveniles第五章 特定少年の特例
Section 1 Special Provisions for Protection Cases第一節 保護事件の特例
Article 62第六十二条
Special Provisions on Referral to a Public Prosecutor(検察官への送致についての特例)
Article 62, paragraph (1)
Notwithstanding the provisions of Article 20, the family court, by a ruling, must refer a case of a specified juvenile (meaning a juvenile of 18 years of age or older; the same applies below) to a public prosecutor at the public prosecutor's office, which is the counterpart of the district court that has jurisdiction over the case, if a criminal disposition is found appropriate as a result of the investigation, considering the nature and circumstances of the crime.
Notwithstanding the provisions of the preceding paragraph, the family court must give the ruling referred to in that paragraph for a case of a specified juvenile stated in the following; provided, however, this does not apply if the court finds any measures other than criminal disposition as more appropriate, as a result of the investigation, which considers the motive, manner and results of the crime, situation after the crime, the specified juvenile's personality traits, age, conduct, environment and other circumstances:
a case involving a crime causing the death of a victim through an intentional criminal act, in which the specified juvenile was 16 years of age or older when they committed the crime;
故意の犯罪行為により被害者を死亡させた罪の事件であつて、その罪を犯すとき十六歳以上の少年に係るもの
Article 62, paragraph (2), item (ii)
a case involving a crime punishable by the death penalty, imprisonment for life, or imprisonment with a minimum term of one year or more, in which the specified juvenile was a specified juvenile at the time that crime was committed (excluding a case that falls under the preceding item).
In deciding whether or not to refer the case to a public prosecutor pursuant to the provisions of paragraph (1) of the preceding Article, in relation to any of the crimes prescribed in the Public Offices Election Act (Act No. 100 of 1950; including as applied mutatis mutandis pursuant to other laws) and the Political Funds Control Act (Act No. 194 of 1948) (excluding cases involving the crime prescribed in the following paragraph, that fall under that paragraph), which involved someone who was a specified juvenile when they committed the relevant crime, the family court must take into consideration the ensuring, etc. of fairness in elections.
Notwithstanding the provisions of paragraph (1) of the preceding Article, in a case of a specified juvenile involved in the crime referred to in Article 247 of the Public Offices Election Act, or the crime prescribed in Article 251-2, paragraph (1) of that Act which is committed by any of the persons stated in any of the items in that paragraph, the crime prescribed in Article 251-3, paragraph (1) of that Act which is committed by the organizational election campaign manager, etc. referred to in that paragraph or in case of a crime prescribed in Article 251-4, paragraph(1) of that Act which is committed by any of the persons stated in any of the items in that paragraph, in which the specified juvenile was a specified juvenile when they committed the crime, the family court must give the ruling referred to in paragraph (1) of the preceding Article if it finds that the nature of the crime is seriously prejudicial to ensuring fairness in elections. In this case, the provisions of the proviso to paragraph (2) of the preceding Article apply mutatis mutandis.
Special Provisions on Disposition for Rehabilitation of an Adjudicated Delinquent(保護処分についての特例)
Article 64, paragraph (1)
Notwithstanding the provisions of Article 24, paragraph (1), except for the case referred to in Article 23, the family court, in a juvenile case for which it has commenced a trial and decision, must subject a juvenile to any of the disposition for rehabilitation of an adjudicated delinquent stated in the following items by a ruling within a reasonable extent, in consideration of the seriousness of the circumstances of the crime, if the juvenile is a specified juvenile; provided, however, that only the dispositions referred to in item (i) may be implemented for a case of a crime punishable by a fine or lighter punishment:
placing the juvenile on probation at the probation office for six months;
六月の保護観察所の保護観察に付すること。
Article 64, paragraph (1), item (ii)
placing the juvenile on probation at the probation office for two years;
二年の保護観察所の保護観察に付すること。
Article 64, paragraph (1), item (iii)
referring the juvenile to a juvenile training school.
少年院に送致すること。
Article 64, paragraph (2)
For the probation as referred to in item (ii) of the preceding paragraph, in the case prescribed in Article 66, paragraph (1), the family court may detain the juvenile to a juvenile training school by the ruling referred to in that paragraph, and when implementing the disposition for rehabilitation of an adjudicated delinquent referred to in that item, the family court must specify, concurrently with the ruling imposing the disposition, the period during which the juvenile may be detained at a juvenile training school by the ruling referred to in Article 66, paragraph (1), within a range of not exceeding one year, in consideration of the seriousness of the circumstances of the crime.
When conducting the disposition for rehabilitation of an adjudicated delinquent referred to in paragraph (1), item (iii), the family court must specify, concurrently with the ruling imposing the disposition, the period during which the juvenile is to be detained at a juvenile training school, within a range of not exceeding three years, in consideration of the seriousness of the circumstances of the crime.
For a specified juvenile who has been placed under detention or subjected to the measures referred to in Article 17, paragraph (1), item (ii), the days spent in pre-sentencing detention may be included in whole or in part into the period to be prescribed pursuant to the provisions of the preceding two paragraphs.
With respect to the disposition for rehabilitation of an adjudicated delinquent referred to in paragraph (1), the family court may have the chief probation officer conduct measures for modification of the family and other environments.
The provisions of Article 3, paragraph (1), (limited to the part concerning item (iii)) do not apply to a specified juvenile.
第三条第一項(第三号に係る部分に限る。)の規定は、特定少年については、適用しない。
Article 65, paragraph (2)
The provisions of Article 12, Article 26, paragraph (4), and Article 26-2 do not apply to a juvenile protection case for a specified juvenile (excluding the case relating to the disposition for rehabilitation of an adjudicated delinquent provided in Article 26-4, paragraph (1)).
The provisions of Article 27-2, paragraph (5) do not apply to a person detained at a juvenile training school if the family court revokes the disposition for rehabilitation of an adjudicated delinquent referred to in paragraph (1), item (ii) or (iii) of the preceding Article.
To apply the provisions of this Act listed in the left-hand column of the following Table to a juvenile protection case for a specified juvenile, the terms in these provisions listed in the middle column of the Table are to be replaced with the terms listed in the right-hand column of the Table.
Article 4
Article 20, paragraph (1)
Article 62, paragraph (1)
The proviso to Article 17-2, paragraph (1), the proviso of Article 32, and the proviso to Article 35, paragraph (1) (including as applied mutatis mutandis pursuant to Article 17-3, paragraph (1), following the deemed replacement of terms)
the parent or guardian who appointed the attendant
the specified juvenile referred to in Article 62, paragraph (1)
Article 23, paragraph (1)
or Article 20
, Article 62, or Article 63, paragraph (2)
Article 24-2, paragraph (1)
paragraph (1) of the preceding Article
Article 64, paragraph (1)
Article 25, paragraph (1) and Article 27-2, paragraph (6)
Article 24, paragraph (1)
Article 64, paragraph (1)
Article 26, paragraphs (1) and (2)
And Article 24, paragraph (1), items (ii) and (iii)
Ruling of Detention of a Person Under Probation to a Juvenile Training School(保護観察中の者に対する収容決定)
Article 66, paragraph (1)
If the application referred to in Article 68-2 of the Offenders Rehabilitation Act is filed, the family court, by a ruling, must detain a juvenile at a juvenile training school when the family court, as a result of the trial and decision, has reasonable grounds to show that the juvenile who is subject to the disposition for rehabilitation of an adjudicated delinquent referred to in Article 64, paragraph (1), item (ii) failed to comply with the matters to be observed, and the family court finds that the failure is so serious, and that it is impossible to improve or rehabilitate the juvenile without treating the juvenile at a juvenile training school; provided, however, that this does not apply if the total period during which the juvenile has already been detained at a juvenile training school by the ruling referred to in this paragraph reaches the period specified pursuant to the provisions of Article 64, paragraph (2).
Beyond what is provided for in the following paragraph, the procedure in the case on the ruling referred to in the preceding paragraph is governed by the same rules as those applicable to the procedure for a juvenile protection case of a specified juvenile provided for in this Act (excluding this paragraph), unless it is contrary to its nature.
When making the ruling referred to in paragraph (1), the days spent under detention, with respect to the measures referred to in Article 17, paragraph (1), item (ii), or the detention provided for in Article 68-3, paragraph (1) of the Offenders Rehabilitation Act, which is governed by the same rules as those applicable under these provisions pursuant to the provisions of the preceding paragraph, may be included in whole, or in part, to the period specified pursuant to the provisions of Article 64, paragraph (2).
Section 2 Special Provisions for Criminal Cases第二節 刑事事件の特例
Article 67第六十七条
Article 67, paragraph (1)
The provisions of Article 41, and Article 43, paragraph (3) do not apply to a suspected case against a specified juvenile (regarding the provisions of Article 43, paragraph (3), limited to the case for which the ruling referred to in Article 20, paragraph (1) or Article 62, paragraph (1), is given).
The provisions of Article 48, paragraph (1) and Article 49, paragraphs (1) and (3) do not apply to a suspected case against a specified juvenile (limited to cases in which the ruling referred to in Article 20, paragraph (1) or Article 62, paragraph (1) is given) or the defendant who is a specified juvenile.
The provisions of Article 49, paragraph (2) do not apply to a case in which a specified juvenile is the defendant.
第四十九条第二項の規定は、特定少年に対する被告事件については、適用しない。
Article 67, paragraph (4)
The provisions of Article 52, Article 54, and Article 56, paragraphs (1) and (2) do not apply to a specified juvenile.
第五十二条、第五十四条並びに第五十六条第一項及び第二項の規定は、特定少年については、適用しない。
Article 67, paragraph (5)
The provisions of Articles 58 and 59 do not apply to a person who is sentenced as a specified juvenile.
第五十八条及び第五十九条の規定は、特定少年のとき刑の言渡しを受けた者については、適用しない。
Article 67, paragraph (6)
The provisions of Article 60 do not apply to a person who is sentenced for a crime committed as a specified juvenile.
第六十条の規定は、特定少年のとき犯した罪により刑に処せられた者については、適用しない。
Article 67, paragraph (7)
To apply the provisions of this Act listed in the left-hand column of the following Table to a juvenile criminal case of a specified juvenile, the terms and phrases in these provisions listed in the middle column of the table are deemed to be replaced with the terms and phrase listed in the right-hand column of the table.
Article 45
Article 20, paragraph (1)
Article 62, paragraph (1)
Article 45-3, paragraph (1) and Article 46, paragraph (1)
Section 3 Special Provisions for Prohibition of Publication of News Articles第三節 記事等の掲載の禁止の特例
Article 68第六十八条
Article 68, paragraph (1)
The provisions of Article 61 do not apply to any news article or photograph referred to in that Article for cases in which a prosecution is brought for a crime committed by a specified juvenile; provided, however, that this does not apply if the request referred to in Article 461 of the Code of Criminal Procedure is filed for the case of that crime (except when the case is tried based on regular provisions pursuant to the provisions of Article 463, paragraph (1) or (2), or Article 468, paragraph (2) of that Code).
The day a law or an amendment starts to apply. It is often months or years after promulgation, so that people have time to prepare. The Ministry of Justice's English usually says a law "comes into force" or "comes into effect", and sometimes calls the day its "enforcement date". Its "enforcement" more often means the word's other sense, carrying a law out, as in an Order for Enforcement (施行令), the Cabinet Order (政令) that sets out the details for carrying out an Act.
Rules made by the Cabinet to carry out the Constitution and Acts. A Cabinet Order cannot impose duties, restrict rights or set penalties unless an Act delegates that to it.
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
Notwithstanding the provisions of the preceding paragraph, the family court must give the ruling referred to in that paragraph for a case of a specified juvenile stated in the following; provided, however, this does not apply if the court finds any measures other than criminal disposition as more appropriate, as a result of the investigation, which considers motive for the , manner and results of the crime, situation after the crime, the specified juvenile's personality traits, age, conduct, environment and other circumstances:
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 47 of 2021 (令和三年法律第四十七号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
In deciding whether or not to refer the case to a public prosecutor pursuant to the provisions of paragraph (1) of the preceding Article, in relation to any of the crimes prescribed in the Public Offices Election Act (Act No. 100 of 1950; including as applied mutatis mutandis pursuant to other laws) and the Political Funds Control Act (Act No. 194 of 1948) (excluding cases involving the crime prescribed in the following paragraph, that fall under that paragraph), which involved someone who was a specified juvenile when they committed the relevant crime, when the family court must take into consideration for ensuring, etc. of fairness in elections.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 47 of 2021 (令和三年法律第四十七号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
Notwithstanding the provisions of paragraph (1) of the preceding Article, in a case of a specified juvenile involved in the crime referred to in Article 247 of the Public Offices Election Act, or the crime prescribed in Article 251-2, paragraph (1) of that Act which is committed by any of the persons stated in the any of the items in that paragraph, the crime prescribed in Article 251-3, paragraph (1) of that Act which is committed by the organizational election campaign manager, etc. referred to in that paragraph or in case of a crime prescribed in Article 251-4, paragraph(1) of that Act which is committed by any of the persons stated in the any of the items in that paragraph, in which the specified juvenile was a specified juvenile when they committed the crime, the family court must give the ruling referred to in paragraph (1) of the preceding Article if it finds that the nature of the crime is seriously prejudicial to ensuring fairness in elections. In this case, the provisions of the proviso to paragraph (2) of the preceding Article apply mutatis mutandis.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 47 of 2021 (令和三年法律第四十七号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
The provisions of Article 27-2, paragraph (5) do not apply to a person detained at a juvenile training school if the family court revokes the disposition for rehabilitation of an adjudicated delinquent referred to paragraph (1), item (ii) or (iii) of the preceding Article.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 47 of 2021 (令和三年法律第四十七号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
If the application referred to in Article 68-2 of the Offender Rehabilitation Act is filed, the family court, by a ruling, must detain a juvenile at a juvenile training school when the family court, as a result of the trial and decision, has reasonable grounds to show that the juvenile who is subject to the disposition for rehabilitation of an adjudicated delinquent referred to in Article 64, paragraph (1), item (ii) failed to comply with the matters to be observed, and the family court finds that the failure is so serious, and that it is impossible to improve or rehabilitate the juvenile without treating the juvenile at a juvenile training school; provided, however, that this does not apply if the total period during which the juvenile has already been detained at a juvenile training school by the ruling referred to in this paragraph reaches the period specified pursuant to the provisions of Article 64, paragraph (2).
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 47 of 2021 (令和三年法律第四十七号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
When making the ruling referred to in paragraph (1), the days spent under detention, with respect to the measures referred to in Article 17, paragraph (1), item (ii), or the detention provided for in Article 68-3, paragraph (1) of the Offender Rehabilitation Act, which is governed by the same rules as those applicable under these provisions pursuant to the provisions of the preceding paragraph, may be included in whole, or in part, to the period specified pursuant to the provisions of Article 64, paragraph (2).
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 47 of 2021 (令和三年法律第四十七号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
To apply the provisions of this Act listed in the left-hand column of the following Table to a juvenile protection case of a specified juvenile, the terms and phrases in these provisions listed in the middle column of the table are deemed to be replaced with the terms and phrase listed in the right-hand column of the table.
Article 45 Article 20, paragraph (1) Article 62, paragraph (1)
Article 45-3, paragraph (1) and Article 46, paragraph (1) Article 24, paragraph (1) Article 64, paragraph (1)
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 47 of 2021 (令和三年法律第四十七号)