Changes by (Act No. 39 of 2025)
A police officer must refer the case, together with the documents on the investigation, to the director of a child guidance center, if the case falls under any of the following items as a result of the investigation:
警察官は、調査の結果、次の各号のいずれかに該当するときは、当該調査に係る書類とともに事件を児童相談所長に送致しなければならない。
a case concerning a juvenile as prescribed in Article 3, paragraph (1), item (ii), in which they are considered to have committed a violation of criminal laws and regulations concerning the following crimes:
an intentional criminal act which caused the death of a victim
故意の犯罪行為により被害者を死亡させた罪
beyond what is stated in item (a), any crime punishable by death penalty, or imprisonment for life or imprisonment with a minimum term of two years or more
イに掲げるもののほか、死刑又は無期若しくは短期二年以上の拘禁刑に当たる罪
any case, in addition to what is prescribed in the preceding item, when it is considered appropriate to refer a case involving a juvenile as prescribed in Article 3, paragraph (1), item (ii), to a family court for trial and decision.
Changes by (Act No. 39 of 2025)
The police officer must send the family court any evidence obtained in relation to a case referred to the director of a child guidance center pursuant to the provisions of the preceding paragraph if the measures prescribed in Article 27, paragraph (1), item (iv) of the Child Welfare Act have been implemented.
警察官は、前項の規定により児童相談所長に送致した事件について、児童福祉法第二十七条第一項第四号の措置がとられた場合において、証拠物があるときは、これを家庭裁判所に送付しなければならない。
If a police officer notifies a child guidance center of a juvenile subject to investigation pursuant to the provisions of Article 25, paragraph (1) of the Child Welfare Act, except when the case is referred pursuant to the provisions of paragraph (1), then the police officer is to provide the child guidance center with the outline and results of the investigation which will serve as a reference for the implementation of measures under that Act, pursuant to the provisions of the Rules of the National Public Safety Commission.
Read this with the articles around it
juvenile
「少年」
In this Act, a person under 20 years of age.
Defined inArticle 2, paragraph (1)· applies throughout the law
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.