NCJ Number
74920
Date Published
1980
Length
12 pages
Annotation
This article reviews Japanese pretrial detention procedures based on the requirements of the Code of Criminal Procedure of 1948.
Abstract
According to the code's requirements, arresting police officers must refer suspects to a public prosecutor's office within 48 hours. The prosecutor has 24 hours to screen a case and determine if a warrant of detention should be requested from a judge. If the judge issues the warrant after reviewing the case, the suspect is held in custody in a police-station jail. A public prosecutor conducts an investigation which must be completed within 20 days. During this period, the suspect is interrogated, witnesses are questioned, and the evidence is reviewed. If the results indicate the suspect's possible guilt, an indictment is filed with the court. However, the prosecutor also has the discretionary power to divert a case from the court if the suspect demonstrates sincere repentance and if rehabilitation seems a good prospect. After an indictment, the accused is entitled to request release on bail unless a capital crime or serious felony has been committed or a danger exists that evidence may be destroyed. Furthermore, pretrial detention is limited to 3 months except in specified cases. In recent years, the bail rate has declined -from 55.2 percent in 1963 to 44.6 percent in 1977. A period of 6 months or less from indictment to case termination is achieved in about 85 percent of the cases. In 1978, a police clearance rate of 68.6 percent was attained, while prosecutors dropped 37 percent of the cases received. However, nearly 99 percent of the indicted suspects have received convictions; 79.9 percent of these confessed their crimes. Comparison data for German and American courts are presented. Data tables and reference notes are included.