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;
故意の犯罪行為により被害者を死亡させた罪の事件であつて、その罪を犯すとき十六歳以上の少年に係るもの
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).
juvenile
「少年」
In this Act, a person under 20 years of age.
Defined inArticle 2, paragraph (1)· applies throughout the law
specified juvenile
「特定少年」
From Article 62 on, a juvenile (少年) aged 18 or older — that is, aged 18 or 19, since a juvenile under this Act is under 20.
Defined inArticle 62, paragraph (1)
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.
public prosecutor
検察官
The official who brings a prosecution (公訴) for a crime before a court (Code of Criminal Procedure, Article 247), and who may decide not to prosecute where, in view of the offender's character, age and circumstances, the gravity and circumstances of the offence and what happened after it, prosecution is not needed (Article 248). In criminal cases a public prosecutor asks the court to apply the law correctly and oversees the carrying out of its judgments; and, as the representative of the public interest, a public prosecutor also does the work other laws and regulations assign to a public prosecutor, which is not limited to criminal cases (Public Prosecutors Office Act, Article 4). A public prosecutor may investigate any crime (Article 6, paragraph (1)). Public prosecutors work through the public prosecutors offices (検察庁): the Supreme, High, District and Local Public Prosecutors Offices (Article 1).
Written by AI using Code of Criminal Procedure, Arts. 247, 248 and Public Prosecutors Office Act, Arts. 1, 4, 6 as a reference.