A police officer must refer the case, together with the documents and electronic or magnetic records 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:
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:
イ
故意の犯罪行為により被害者を死亡させた罪
an intentional criminal act which caused the death of a victim
ロ
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
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
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.
The police officer must send the family court any evidence (including that which is an electronic or magnetic record; the same applies in Article 22-2, paragraph (3) and Article 45-3, paragraph (2)) 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.
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.
第六条の七
(都道府県知事又は児童相談所長の送致)Referral by a Prefectural Governor or Director of a Child Guidance Center
A prefectural governor or a director of a child guidance center must implement the measures prescribed in Article 27, paragraph (1), item (iv) of the Child Welfare Act in a case referred to the governor or the director pursuant to the provisions of paragraph (1) of the preceding Article (limited to the part concerning item (i)); provided, however, that this does not apply when it is found unnecessary to do so as a result of the investigation.
If it is necessary to take a compulsory measure, that may unintentionally restrict or deprive the child's freedom, to a juvenile to whom the Child Welfare Act applies, a prefectural governor or a director of a child guidance center must refer the case to the family court, except when it is found to be permitted to take the measures pursuant to the provisions of Articles 33, 33-2 and 47 of that Act.
If any juvenile subject to trial and decision of the family court is found, then a family court investigating officer must report this to a judge.
第二項
家庭裁判所調査官は、前項の報告に先だち、少年及び保護者について、事情を調査することができる。
A family court investigating officer may investigate the circumstances surrounding the juvenile and the parent or guardian before the reporting stated in the preceding paragraph.
When the family court considers that a juvenile should be subject to trial and decision following the notification prescribed in Article 6, paragraph (1) or the reporting prescribed in paragraph (1) of the preceding Article, it must investigate the case involving the juvenile. This also applies when a public prosecutor, a judicial police officer, a police officer, a prefectural governor or a child guidance center's director sends a juvenile case to be referred to a trial and decision by the family court.
The family court may order a family court investigating officer to interview a juvenile, parent or guardian, or person of reference, and to carry out other necessary investigation.
The investigation prescribed in the preceding Article must be carried out by making use of medical, psychological, pedagogical, sociological and any other specialized knowledge as much as possible, regarding conduct, background, temperament, and environment of the juvenile, the parent or guardian, and other concerned persons, and in particular, the results of classifications conducted by the juvenile classification home.
第九条の二
(被害者等の申出による意見の聴取)Hearing of Opinions by Victims upon Request
The family court is to hear by itself, or order a family court investigating officer to hear from the victim, etc. of a juvenile case, as prescribed in Article 3, paragraph (1), item (i) or (ii) about their feelings and other opinions on the case upon their request pursuant to the Rules of the Supreme Court; provided, however, that this does not apply if it is found inappropriate considering the nature of the case, the state of investigation or trial and decision of the family court, or other circumstances.
A juvenile or a parent or guardian, legal representative, curatorassistant, spouse, lineal relative, or sibling of a juvenile may, with the family court's permission, appoint an attendant; provided, however, that no permission is needed to appoint an attorney-at-law as the attendant.
第十条第二項(付添人)
保護者は、家庭裁判所の許可を受けて、付添人となることができる。
A parent or guardian may serve as attendant if permitted by the family court.
The family court may issue a summons to a juvenile or parent or guardian and summon them when it is found necessary for the investigation or trial and decision of the case.
The family court may issue an escort warrant for a juvenile or a parent or guardian and escort them if they fail to comply with, or are likely to fail to comply with, the summons provided in the preceding paragraph without reasonable grounds.
A summons and an escort warrant may, in addition to being in writing, be in the form of an electronic or magnetic record, in accordance with the Rules of the Supreme Court.
Notwithstanding the provisions of paragraph (2) of the preceding Article, the family court may issue an escort warrant for a juvenile and escort them in case of an emergency need of protection, and if it is found necessary for their welfare.
第二項
裁判長は、急速を要する場合には、前項の処分をし、又は合議体の構成員にこれをさせることができる。
In urgent cases the presiding judge may take the measures stated in the preceding paragraph or have a member of the panel of judges do this.
第三項
前条第三項の規定は、第一項の同行状について準用する。
The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the escort warrant prescribed in paragraph (1).
第十三条
(同行状の執行)Execution of an Escort Warrant
第一項
同行状は、家庭裁判所調査官がこれを執行する。
An escort warrant is executed by a family court investigating officer.
第二項
家庭裁判所は、警察官、保護観察官又は裁判所書記官をして、同行状を執行させることができる。
The family court may have a police officer, a probation officer, or a court clerk execute an escort warrant.
第三項
裁判長は、急速を要する場合には、前項の処分をし、又は合議体の構成員にこれをさせることができる。
In urgent cases, the presiding judge may take the measures stated in the preceding paragraph or have a member of the panel of judges do this.
第十四条
(証人尋問・鑑定・通訳・翻訳)Witness Examination, Expert Opinion, Interpretation, and Translation
第一項
家庭裁判所は、証人を尋問し、又は鑑定、通訳若しくは翻訳を命ずることができる。
The family court may examine a witness, or order an expert opinion, interpretation, or translation.
The provisions of the Code of Criminal Procedure concerning examination of a witness, or ordering of an expert opinion, interpretation, and translation to be conducted by the court apply mutatis mutandis to the case stated in the preceding paragraph unless contrary to the nature of the protection case.
第十五条
(検証、押収、捜索等)Inspection, Seizure, Search, etc.
第一項
家庭裁判所は、検証、押収、捜索又は電磁的記録提供命令をすることができる。
The family court may conduct an inspection, seizure, or search, or issue an order to provide electronic or magnetic records.
The provisions of the Code of Criminal Procedure concerning inspection, seizure, search, and order to provide electronic or magnetic records to be conducted by the court, apply mutatis mutandis to the case stated in the preceding paragraph, unless contrary to the nature of the protection case.
The family court may have a police officer, a probation officer, a volunteer probation officer, a child welfare officer (which means a child welfare officer as prescribed in Article 12-3, paragraph (2), item (vi) of the Child Welfare Act; this also applies in Article 26, paragraph (1) of this Act), or a commissioned child welfare volunteer provide necessary assistance in investigation and observation.
The family court may request the necessary cooperation from public offices, public and private organizations, schools, hospitals and others in performing their duties.
A family court may implement measures for observation and protection listed in the following items by a ruling if the measures are needed for its trial and decision:
一
家庭裁判所調査官の観護に付すること。
to put under the observation and protection of a family court investigating officer;
Measures for observation and protection regarding an escorted juvenile must be implemented within 24 hours, at the latest, from the time of the arrival. This also applies to the measures regarding a juvenile who has been detained or arrested, and is referred to the court by a public prosecutor or a judicial police officer.
If the measures prescribed in item (ii) of paragraph (1) are implemented, then the period of detention of the juvenile at the juvenile classification home may not exceed two weeks; provided, however, that the period may be renewed by the court's ruling if continued custody is particularly needed.
The renewal pursuant to the proviso of the preceding paragraph is not to take place more than once; provided, however, that the renewal may take place with a limit of up to two additional times if the family court has decided to conduct an examination of a witness, seek an expert's opinion, or conduct an inspection or has implemented these measures to find out the facts of the delinquent act (including motive for the offense, the manner and impact of the crime, or other important facts closely related to the crime; this also applies below) punishable by imprisonment or a heavier punishment, concerning a juvenile as prescribed in Article 3, paragraph (1), item (i), and if there are reasonable grounds to suspect that a family court trial and decision would be severely hindered without detaining the juvenile.
Notwithstanding the proviso of paragraph (3), the period of detention in a case once again referred by a public prosecutor may not be renewed if the measures prescribed in item (ii) of paragraph (1) have already been implemented or a detention warrant has already been issued regarding the case.
If the judge implements the measures prescribed in paragraph (1), item (i) of this Article upon request pursuant to the provisions of Article 43, paragraph (1), the measures are deemed as those prescribed in paragraph (1), item (i) of this Article if the case is subsequently referred to a family court.
If the judge implements the measures prescribed in item (ii), paragraph (1) of this Article upon request pursuant to the provisions of Article 43, paragraph (1), the measures are deemed to be those prescribed in item (ii), paragraph (1) of this Article if the case is subsequently referred to a family court. In this case, the period prescribed in paragraph (3) begins from the day when the case is referred to a family court.
第八項
観護の措置は、決定をもつて、これを取り消し、又は変更することができる。
The measures for observation and protection may be repealed or amended by a ruling.
Regarding the measures provided in paragraph (1), item (ii), the total period of detention may not exceed eight weeks; provided, however, that no ruling that makes a total custody period longer than four weeks is to be rendered without the grounds prescribed in the proviso of paragraph (4).
In case of emergency, the presiding judge may take the dispositions prescribed in paragraphs (1) or (8), or have a member of the panel of judges do this.