Juveniles Act

A juvenile to whom any of the following items applies is subjected to a trial and decision of the family court:

a juvenile who has committed a crime;

a juvenile under 14 years of age whose actions violate criminal laws or regulations;

a juvenile who, due to any of the following reasons and taking into consideration the juvenile's character or environment, is likely to commit a crime or violate criminal laws or regulations:

has a tendency not to abide by their parent or guardian's proper supervision;

stays away from home without just cause;

associates with persons of a criminal nature or who are immoral, or frequent questionable places;

has a tendency to act in a way that harms one's own moral character or that of others.

The family court may subject a juvenile, as prescribed in item (ii) of the preceding paragraph or a juvenile as prescribed in item (iii) of that paragraph, who is under 14 years of age to a trial and decision only when a prefectural governor or a director of a child guidance center refers the juvenile to the family court.

An assistant judge may give a judicial decision, other than the ruling prescribed in Article 20, paragraph (1), by themselves.

Jurisdiction for protection cases is based on the place where the juvenile committed the act, their domicile or residence, or current location.

The family court, by a ruling, may transfer a case to another family court with jurisdiction if the court finds it particularly necessary to ensure appropriate protection of the juvenile.

If the family court finds that a case is not under its jurisdiction, by a ruling, it must transfer the case to a family court that does have jurisdiction.

If, after the ruling prescribed by Article 21 is made, the victim, etc. of the protection case (meaning the victim, the victim's statutory agent or their spouse, lineal relative or sibling, if the victim has died or suffers serious mental or physical conditions; this also applies below) or the attorney appointed by the victim, etc. requests pursuant to the Rules of the Supreme Court to inspect or copy the records retained by the court on the relevant protection case as specified in Article 3, paragraph (1), item (i) or (ii) (except those collected by the family court exclusively for its determination on the need for protection of the juvenile, and those created or collected by a family court investigating officer that contribute to the family court's determination on the need for protection of the juvenile) , the court authorizes the applicant to inspect or copy the records, except when the court finds the request for inspection or copying has been filed on unjust grounds or the court finds it inappropriate to permit inspection or copying considering the impact it will have on the sound development of the juvenile, the nature of the case, the status of investigation or trial and decision, or other circumstances. In this case, if all or part of the records are electronic or magnetic records (meaning records made in an electronic form, a magnetic form, or any other form that cannot be perceived by human senses and that are used for information processing by computers; this also applies below), inspection of the electronic or magnetic records is to be by viewing a display of their contents or by watching or listening to a reproduction of their contents, and copying of the electronic or magnetic records is to be by duplicating or printing them, or by writing or recording a display or reproduction of their contents.

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

The person who inspected or copied the records pursuant to the provisions of paragraph (1) must neither divulge the name or other matters concerning personal circumstances of the juvenile acquired through the inspection or copying without reasonable grounds nor use any matters obtained through the inspection or copying in an unauthorized manner to hinder the sound development of the juvenile, damage the reputation or peaceful existence of any person concerned, or cause impediment to an investigation, or trial and decision.

The provisions of Articles 7 through 10 and row 1 of Appended Table 2 (excluding the phrase "excluding those requested by the party, etc. while the case is pending" in the left-hand column of that row) of the Act on Costs of Civil Proceedings (Act No. 40 of 1971) applies mutatis mutandis to the fee for inspection or copying of the record pursuant to the provisions of paragraph (1) of the preceding Article unless contrary to its nature.

A public prosecutor and an attendant who is an attorney-at-law must, except where made orally, make a petition, request, or other statement made to the court (hereinafter in this Article and the following Article referred to as a "petition, etc.") in accordance with the Rules of the Supreme Court, by using an electronic data processing system prescribed by the Rules of the Supreme Court (meaning an electronic data processing system that connects, via telecommunications lines, a computer (including input/output devices; the same applies below in this paragraph and paragraph (3)) used by the court and a computer used by the person making the petition, etc.) to record the matters pertaining to the petition, etc. in a file kept on the computer used by the court (hereinafter simply referred to as the "file"), or by submitting to the court a recording medium on which those matters are recorded. In this case, with regard to the application of this Act and other laws and regulations concerning the petition, etc. where the petition, etc. is required by the provisions of this Act to be made in writing, the petition, etc. made by that method is deemed to have been made in writing, except where those laws and regulations provide otherwise.

A petition, etc. made by the method of recording in the file by using the electronic data processing system referred to in the preceding paragraph is deemed to have reached the court at the time when the matters pertaining to the petition, etc. are recorded in the file.

The provisions of paragraph (1) do not apply if a public prosecutor or an attendant who is an attorney-at-law is unable to make a petition, etc. by the method prescribed in that paragraph due to a malfunction of the computer pertaining to the electronic data processing system referred to in that paragraph or any other grounds not attributable to them.

If a petition, etc. is made in writing (excluding where made in violation of paragraph (1) of the preceding Article), or, in accordance with the Rules of the Supreme Court, by the method of submitting a recording medium on which the matters pertaining to the petition, etc. are recorded, the court clerk must record the matters stated in the writing or recorded on the recording medium in the file; provided, however, that this does not apply if there are difficult circumstances in recording those matters in the file.

A person who has discovered a juvenile who should be subjected to a trial and decision of the family court, must notify the family court of this.

A police officer or the parent or guardian may directly notify the child guidance center regarding a juvenile, if it is found appropriate to subject the juvenile prescribed in Article 3, paragraph (1), item (iii) to the measures under the Child Welfare Act (Act No. 164 of 1947) instead of direct referral or notification to the family court.

A police officer may conduct an investigation on a case, if they discover a person that they have reasonable grounds to suspect, based on objective circumstances and in a reasonable manner, is a juvenile as specified in Article 3, paragraph (1), item (ii), if necessary.

The investigation stated in the preceding paragraph is to be conducted to clarify the facts of the case, while taking into consideration the protection of the juvenile's emotional stability, and as a result contributing to the measures for the juvenile's sound development.

A police officer may have police personnel (other than police officers) with expertise in juvenile psychology and other characteristics to conduct an investigation (excluding the dispositions prescribed in Article 6-5, paragraph (1)) pursuant to the Rules of the National Public Safety Commission.

The juvenile and parent or guardian may, at any time, appoint an attendant who is an attorney-at-law for the investigation as prescribed in paragraph (1) of the preceding Article.

A police officer may summon the juvenile, the parent or guardian, or person of reference for questioning, if necessary for the investigation.

The questioning stated in the preceding paragraph must not be conducted forcibly.

A police officer may inquire to public offices, or public or private organizations, about reporting any necessary matters relating to the investigation.

A police officer may, when necessary for conducting an investigation of a case concerning a juvenile prescribed in Article 3, paragraph (1), item (ii), conduct seizure (including an order to provide electronic or magnetic records prescribed in Article 102-2, paragraph (1) of the Code of Criminal Procedure (Act No. 131 of 1948) (limited to an order for provision by the method prescribed in item (i), (a) of that paragraph); the same applies in the following paragraph and Article 15), search, an order to provide electronic or magnetic records prescribed in Article 102-2, paragraph (1) of that Code (limited to an order for provision by the method prescribed in (b) of that item; referred to simply as the "order to provide electronic or magnetic records" in the following paragraph and Article 15), inspection, or request for an expert examination.

The provisions in the Code of Criminal Procedure for seizure, search, order to provide electronic or magnetic records, inspection, and request for an expert examination to be conducted by judicial police officer (excluding Article 224 of that Code) apply mutatis mutandis to the case referred to in the preceding paragraph. In this case, the term "judicial police officer" in these provisions is deemed to be replaced with "police officer who is a judicial police officer" and the term "judicial constable" with "police officer who is a judicial constable"; in Article 499, paragraph (1) of that Code, the term "public prosecutor" is deemed to be replaced with "Superintendent General of the Tokyo Metropolitan Police Department, Chief of Prefectural Police Headquarters, or Police Station Chief" and the term "Cabinet Order" with "the Rules of the National Public Safety Commission"; and in paragraph (3) of that Article, the term "national treasury" is deemed to be replaced with "prefecture where the relevant prefectural police or police station is located".