Juveniles Act

A juvenile, their legal representative, or attendant may file an objection against a ruling as prescribed in paragraph (1), item (ii) of the preceding Article or in the proviso of paragraph (3) of the preceding Article to a family court where the protection case is pending; provided, however, that the attendant may not file an objection that is contrary to the intent clearly indicated by the parent or guardian, who appointed the attendant.

The objection referred to in the preceding paragraph may not be filed on the reasoning that there are no grounds for referring the case to trial and decision.

A ruling by the family court, on the objection referred to in paragraph (1), must be made by a panel. In this case, a judge who was involved in the ruling of prior instance may not participate in giving this ruling.

The provisions of Articles 32-3, 33 and 34 apply mutatis mutandis to a case in which the objection prescribed in paragraph (1) is filed. In this case, the phrase "revoke the ruling given in the prior instance, and remand the case to the court of prior instance, or transfer the case to another family court" in Article 33, paragraph (2) is deemed to be replaced with "revoke the ruling given in the prior instance, and a further judicial decision must be made if it is deemed necessary."

The provisions of Article 35, paragraph (1) apply mutatis mutandis to the ruling prescribed in paragraph (3) of the preceding Article. In this case, the term "two weeks" in Article 35, paragraph (1) is deemed to be replaced with "five days."

The provisions of paragraph (4) of the preceding Article and Article 32-2 apply mutatis mutandis if an appeal is filed pursuant to the provisions of the preceding paragraph.

If there are circumstances under which immediate custody in a juvenile classification home is found extremely difficult, following the implementation of the measures prescribed in Article 17, paragraph (1), item (ii), the family court may, by a ruling, provisionally detain the juvenile to the nearest juvenile training school or to a specially separated place inside the nearest penal institution; provided, however, that the period must not exceed 72 hours from commencement of detention.

In case of an emergency, the presiding judge may take the dispositions stated in the preceding paragraph or have a member from a panel of judges do it.

The period of detention pursuant to the provisions of paragraph (1) is deemed to be the period of detention in a juvenile classification home by the measures prescribed in item (ii) of paragraph (1) of Article 17; the period prescribed in paragraph (3) of that Article is to begin from the day of detention in the juvenile training school or penal institution.

If the judge detained a juvenile pursuant to paragraph (1) upon request prescribed in the provisions of Article 43, paragraph (1), the detention is deemed to be the detention prescribed in paragraph (1) if the case is subsequently referred to the family court.

When it is found appropriate to take measures prescribed in the provisions of the Child Welfare Act as a result of the investigation, the family court, by a ruling, must refer the case to a prefectural governor or director of a child guidance center who has authority over the case.

The family court, by a ruling, may refer the case concerning a juvenile referred by a prefectural governor or director of child guidance center, pursuant to the provisions of Article 6-7, paragraph (2), to the prefectural governor or director of a child guidance center who has authority over the case, with a time limit and instructions as to the means of protection and any other measures to be taken.

The family court must make a ruling not to commence a trial if it finds, as a result of the investigation, that it is impossible or inappropriate to subject the case to trial and decision.

Notwithstanding the provisions of the preceding paragraph, if it is found, as a result of the investigation, that the person in question is 20 years of age or older, the family court, by a ruling, must refer the case to a public prosecutor at the public prosecutor's office that is the counterpart of the district court with jurisdiction over the case.

The family court, by a ruling, must refer a case punishable by imprisonment or a heavier punishment to a public prosecutor at the public prosecutor's office that is the counterpart of the district court with jurisdiction over the case, if the criminal disposition of the case 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 make a ruling as prescribed in that paragraph for a case in which a juvenile who is 16 years of age or older committed an intentional criminal act that caused the death of a victim; provided, however, that this does not apply if the court finds any measures other than the criminal disposition more appropriate, as a result of the investigation, which considers motive for the offense, manner , circumstances or situation after the offense, the juvenile's character, age, conduct, environment and other circumstances.

If it is found appropriate to commence a trial as a result of the investigation, the family court must make a ruling to that effect.

Trial and decision must be conducted cordially and amicably, and encourage the delinquent juvenile to reflect on their delinquency.

The trial and decision are not open to the public.

The presiding judge is to direct the trial and decision.

The family court, by a ruling, may have a public prosecutor participate in a trial and decision for a case involving a juvenile as prescribed in Article 3, paragraph (1), item (i) concerning a crime which is punishable by the death penalty, imprisonment for life, or imprisonment with a maximum term exceeding three years, when the court finds that the participation of a public prosecutor in the trial and decision is necessary to certify the facts of the delinquent act.

The family court must hear the opinion of a public prosecutor, in advance, to give the ruling stated in the preceding paragraph, except for when the public prosecutor requests to attend the hearing.

If a ruling, as prescribed in paragraph (1), is given on the case, the public prosecutor, as provided for by the Rules of the Supreme Court, may inspect and copy the records of the case and articles of evidence, attend the trial and decision (including the announcement of the ruling that closes the case), ask questions to the juvenile, witnesses and other concerned persons, and give opinions to the extent that is necessary to certify the facts of the delinquent act.

If the juvenile has no attendant who is an attorney-at-law when the family court gives a ruling as prescribed in paragraph (1) of the preceding Article, the court must appoint an attendant who is an attorney-at-law.

The family court may appoint an attendant who is an attorney-at-law in a juvenile case as prescribed in Article 3, paragraph (1), item (i) for a crime prescribed in paragraph (1) of the preceding Article, or in a juvenile case as prescribed in Article 3, paragraph (1), item (ii) for an act violating criminal laws and regulations, concerning a crime prescribed in paragraph (1) of the preceding Article, for the juvenile against whom the measures prescribed in Article 17, paragraph (1), item (ii) has been implemented, and who has no attendant who is an attorney-at-law, if the court finds that participation of an attendant who is an attorney-at-law is required for the trial and decision proceedings, considering the nature of the case, presence or absence of the parent or guardian, and other circumstances.

An attendant to be appointed by the family court, pursuant to the provisions of the preceding two paragraphs, is to be appointed as provided for by the Rules of the Supreme Court.

An attendant appointed pursuant to the provisions of the preceding paragraph (including when it is applied mutatis mutandis pursuant to Article 22-5, paragraph (4)), may claim travel expenses, daily allowances, accommodation fees and remuneration.

The family court may, pursuant to the Rules of the Supreme Court, permit, upon request, the victim, etc. to observe the trial and decision of a juvenile case on the trial and decision date for a juvenile case as prescribed in Article 3, paragraph (1), item (i) who committed a crime stated in any of the following items, or for a juvenile case as prescribed in item (ii) of that paragraph (excluding any juvenile under 12 years of age who committed an act violating criminal laws and regulations; this also applies in the next paragraph), who committed an act violating criminal laws and regulations concerning crimes stated in any of the following items (limited to any act that caused serious danger to victim's life in either of the relevant cases when the victim was injured), if the victim, etc. requests to observe the trial and decision on the trial and decision date, and the court finds it appropriate and unlikely to hinder the sound development of the juvenile, considering the age of the juvenile, mental or physical state, the nature of the case, status of the trial and decision and other circumstances:

the crime of committing an intentional criminal act that causes the death of or injury to the victim;

the crime prescribed in Article 211 (Causing Death or Injury Due to Negligence in the Pursuit of Social Activities) of the Penal Code (Act No. 45 of 1907);

the crime prescribed in Article 4, Article 5 or paragraph (3) or paragraph (4) of Article 6 of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc. (Act No. 86 of 2013).

When deciding whether or not to permit the victim, etc. of a juvenile case as prescribed in Article 3, paragraph (1), item (ii), to observe the trial and decision pursuant to the provisions of the preceding paragraph, the family court must give full consideration to the fact that, in general, the juvenile, as prescribed in that item, is highly emotionally immature.

When permitting observation of the trial and decision pursuant to the provisions of paragraph (1), the family court may allow a person who can ease the anxiety or the tension of the observer appropriately and is unlikely to disrupt the trial and decision, or have undue impact on it, to accompany the observer, if it finds that the observer is likely to feel severe anxiety or tension in consideration of age, mental or physical state of the observer and other circumstances.

When determining the seating arrangements for the person observing the trial and decision pursuant to the provisions of paragraph (1), and the person accompanying that person, pursuant to the preceding paragraph, and the seating arrangements for court officials where the trial and decision takes place, the presiding judge must consider the impact it will have on the mental and physical state of the juvenile.

The provisions of Article 5-2, paragraph (3) apply mutatis mutandis to the person observing the trial and decision pursuant to the provisions of paragraph (1) and to the person accompanying that person pursuant to the provisions of paragraph (3).

Before permitting observation of the trial and decision pursuant to the provisions of paragraph (1) of the preceding Article, the family court must hear opinions from the attendant who is an attorney-at-law.

In the case of the preceding paragraph, the family court must appoint an attendant who is an attorney-at-law, if the juvenile does not have such an attendant.

If the juvenile does not have an attendant who is an attorney-at-law, then the provisions in the preceding two paragraphs do not apply if the juvenile and the parent or guardian clearly indicate that they do not require an attendant pursuant to the Rules of the Supreme Court.

The provisions of Article 22-3, paragraph (3) apply mutatis mutandis to the attendant who must be appointed by the family court pursuant to the provisions of paragraph (2).