Juveniles Act

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;

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.

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;

placing the juvenile on probation at the probation office for two years;

referring the juvenile to a juvenile training school.

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.

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.

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).

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.

The provisions of Article 52, Article 54, and Article 56, paragraphs (1) and (2) do not apply to a specified juvenile.

The provisions of Articles 58 and 59 do not apply to a person who is sentenced as a specified juvenile.

The provisions of Article 60 do not apply to a person who is sentenced for a crime committed as a specified juvenile.

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).