Juveniles Act

Upon request from the victim, etc., of the case involving a juvenile as stated in Article 3, paragraph (1), item (i) or (ii) pursuant to the Rules of the Supreme Court, the family court is to give the victim, etc. an explanation on the status of the trial and decision on the trial and decision date as provided for by the Rules of the Supreme Court, if it is found appropriate and unlikely to hinder the sound development of the juvenile.

The request stated in the preceding paragraph may not be filed when three years have passed since the ruling to close the case related to that request had become final and binding.

The provisions of Article 5-2, paragraph (3) apply mutatis mutandis to the person who is given the explanations pursuant to the provisions of paragraph (1).

When a case is found to fall under Article 18 or 20 as a result of the trial and decision, the family court must give a ruling as prescribed in these Articles accordingly.

If it is found that as a result of the trial and decision, the disposition for rehabilitation of an adjudicated delinquent cannot be carried out, or it is unnecessary, the family court must make a ruling to that effect.

The provisions of Article 19, paragraph (2) apply mutatis mutandis when the person in question is found to be 20 years of age or older as a result of the family court trial and decision.

Except for the case of the preceding Article, the family court, in a case for which it has commenced a trial and decision, by a ruling, must conduct the disposition for rehabilitation of an adjudicated delinquent as stated in the following items; provided, however, that the disposition for rehabilitation of an adjudicated delinquent prescribed in item (iii) may be conducted with respect to a case involving a juvenile under 14 years of age at the time of the ruling, only when it is found as particularly necessary:

place on probation at the probation office;

refer to a children's self-reliance support facility or foster home;

refer to a juvenile training school.

With respect to disposition for rehabilitation of an adjudicated delinquent prescribed in items (i) and (iii) of the preceding paragraph, the family court may have the chief probation officer conduct measures for the modification of the home and other environments.

When making a ruling as prescribed in Article 18, Article 19, Article 23, paragraph (2), or paragraph (1) of the preceding Article, the family court, by a ruling, may confiscate the possessed objects stated in the following items from a juvenile listed in Article 3, paragraph (1), items (i) and (ii):

an object that constitutes an act violating criminal laws and regulations;

an object which is used or intended for use in committing an act violating criminal laws and regulations;

an object which is generated or acquired by committing an act violating criminal laws and regulations, or acquired as a reward for committing an act violating criminal laws and regulations;

An object obtained in exchange for the object prescribed in the preceding item.

When the family court makes a ruling under Article 18, Article 19, Article 23, paragraph (2), or paragraph (1) of the preceding Article for a juvenile prescribed in the preceding paragraph, it may, by a ruling, confiscate the following objects:

an object on which a private sexual image record that constituted, or was used for, an act in violation of Article 3, paragraphs (1) through (3) of the Act on the Prevention of Damage Caused by the Provision, etc. of Private Sexual Image Records (Act No. 126 of 2014) (meaning a private sexual image record prescribed in Article 2, paragraph (1) of that Act) is recorded, or a copy of such an object; or a copy of a private sexual image record medium that constituted, or was used for, that act (meaning a private sexual image record medium prescribed in Article 2, paragraph (2) of that Act);

a copy of an object produced by an act in violation of Article 2, paragraph (1) or Article 6, paragraph (1) of the Act on the Punishment of Acts of Photographing Sexual Poses, etc. and the Erasure, etc. of Electronic or Magnetic Records of Images of Sexual Poses Recorded on Seized Articles (Act No. 67 of 2023).

Any object may be confiscated as long as it belongs to no one other than the juvenile in question; provided, however, that if, after an act violating criminal laws and regulations, a person other than the juvenile in question, with knowledge of the circumstances, acquires an object prescribed in paragraph (1) or comes to possess an object prescribed in the preceding paragraph, it may be confiscated, even if it belongs to a person other than the juvenile in question.

The family court may, by a ruling, keep a juvenile under observation by a family court investigating officer for a reasonable period if it is found necessary to give a ruling on the disposition for rehabilitation of an adjudicated delinquent as prescribed in Article 24, paragraph (1).

In combination with the observation referred to in the preceding paragraph, the family court may conduct the measures stated in the following items:

establishment of rules to be observed and the order to perform them;

hand over of a juvenile to the parent or guardian by attaching conditions;

entrustment of correctional guidance to an appropriate institution, organization, or individual.

The family court may give direct admonition or guidance to, or take other appropriate measures with the parent or guardian during an investigation or trial and decision, if it is found necessary, to make them aware of their responsibility for the custody of the juvenile, preventing the juvenile from committing further acts of delinquency, or may order a family court investigating officer to take these measures.

The family court may have a family court investigating officer, court clerk, official at the Ministry of Justice, instructor at a correctional facility, police officer, probation officer or child welfare officer enforce a ruling given pursuant to the provisions of Article 17, paragraph (1), item (ii), Article 17-4, paragraph (1), and Article 24, paragraph (1), items (ii) and (iii).

The family court may issue a writ of summons to summon a juvenile, if it is necessary to enforce a ruling given pursuant to the provisions of Article 17, paragraph (1), item (ii), Article 17-4, paragraph (1), and Article 24, paragraph (1), items (ii) and (iii).

The family court may issue an escort warrant for a juvenile and escort them if they fail to comply with or are likely to fail to comply with the summons under the provisions of the preceding paragraph without reasonable grounds.

Notwithstanding the provisions of the preceding paragraph, when it is found that a juvenile urgently is in need of protection, and is necessary for the juvenile's welfare, the family court may issue an escort warrant to that juvenile and escort them.

The provisions of Article 11, paragraph (3) apply mutatis mutandis to the writ of summons prescribed in paragraph (2) and the escort warrant prescribed in the preceding two paragraphs, and the provisions of Article 13 apply mutatis mutandis to the escort warrant prescribed in the preceding two paragraphs, respectively.

In urgent cases, the presiding judge may impose the disposition stated in paragraphs (1) and (4), or have a member of the panel of judges do this.

When making a ruling as prescribed in the provisions of Article 18, Article 19, Article 20, paragraph (1), Article 23, paragraph (2) or Article 24, paragraph (1) for the case for which the measures prescribed in the provisions of Article 17, paragraph (1), item (ii) are conducted, the family court may, by a ruling, continue to detain the juvenile to a juvenile classification home, for a reasonable period, if it is found to be necessary; provided, however, that the period is not to exceed seven days.

When the escort warrant prescribed in Article 26, paragraph (3) or (4) is enforced against a juvenile to whom a ruling as prescribed in Article 24, paragraph (1), item (iii) has been given, the family court may provisionally detain the juvenile at a nearby juvenile classification home if necessary.

For cases in which an application pursuant to the provisions of Article 67, paragraph (2) of the Offenders Rehabilitation Act (Act No. 88 of 2007) is filed, the family court, by a ruling, must conduct the disposition for rehabilitation of an adjudicated delinquent prescribed in Article 24, paragraph (1), item (ii) or (iii), if the court, as a result of the trial and decision, finds that the person who is subject to the disposition for rehabilitation of an adjudicated delinquent prescribed in Article 24, paragraph (1), item (i), failed to comply with the matters to be complied with, and there are grounds that the person has continued to fail to comply with the matters to be complied with despite being admonished as prescribed in Article 67, paragraph (1) of that Act, and finds that the failure is so serious that the disposition for rehabilitation of an adjudicated delinquent is not sufficient enough to improve or rehabilitate that person.

When subjecting a person of 20 years of age or above to the disposition for rehabilitation of an adjudicated delinquent prescribed in Article 24, paragraph (1), item (iii) pursuant to the provisions of the preceding paragraph, the family court must specify, concurrently with the decision, the period of detention in a juvenile training school before they reach 23 years of age.

Beyond what is stated in the preceding paragraph, the procedure of a case on disposition for rehabilitation of an adjudicated delinquent pursuant to the provisions of paragraph (1), is to be governed by the procedure of the case concerned with the disposition for rehabilitation of an adjudicated delinquent pursuant to the provisions of Article 24, paragraph (1), unless it contradicts its nature.

When a criminal conviction against a person becomes final and binding while the disposition for rehabilitation of an adjudicated delinquent are in place, the family court that implemented the disposition may, by a ruling, revoke those measures when it is found to be appropriate.

When a person is subjected to new disposition for rehabilitation of an adjudicated delinquent while the previous disposition for rehabilitation of an adjudicated delinquent are in place, the family court implementing the new disposition may hear the opinion from the family court which has implemented the previous disposition and revoke either of them by a ruling.

If, while the disposition is in place, any new materials are discovered that clearly indicate that the family court had no jurisdiction over the person in question, or that the family court has subjected a juvenile under 14 years of age to disposition for rehabilitation of an adjudicated delinquent without procedure for referral from the prefectural governor or a director of a child guidance center, the family court implementing the disposition must revoke that disposition by a ruling.

If any new materials are discovered that clearly indicate that the family court has subjected a person to disposition for rehabilitation of an adjudicated delinquent without any grounds to subject the person to a trial and decision, even after the disposition had been completed, the preceding paragraph applies; provided, however, that this does not apply if the person has died.

If the director of a probation office, children's self-reliance support facility, foster home or juvenile training school finds any new materials related to a person who has been subjected to the disposition for rehabilitation of an adjudicated delinquent showing probable grounds of suspicion prescribed in paragraph (1), they must give notice to that effect to the family court that has conducted the measures.

The provisions of Article 18, paragraph (1) and Article 19, paragraph (2) apply mutatis mutandis if the family court revokes the disposition for rehabilitation of an adjudicated delinquent pursuant to the provisions of paragraph (1).

If the family court revokes the disposition for rehabilitation of an adjudicated delinquent against a person detained in a juvenile training school pursuant to the provisions of paragraph (1), the family court, by a ruling, may have the person stay on at the juvenile training school if it is found necessary; provided, however, that this period must not exceed three days.

Beyond what is stated in the preceding three paragraphs, the procedure in the case of revocation of the disposition for rehabilitation of an adjudicated delinquent referred to in Article 24, paragraph (1) pursuant to the provisions of paragraphs (1) and (2) is governed by the same rules as those applicable to the procedure in the case on the disposition for rehabilitation of an adjudicated delinquent referred to in Article 24, paragraph (1) unless it is contrary to its nature.