ON SENTENCING STANDARDS FOR THE SUSPENSION OF EXECUTION OF SENTENCE - JAPAN

• NCJ Number: 45349
• Author(s): Y SHIBATA
• Date Published: 1977
• Length: 7 pages
• Publication Format: Document
• Language: English
• Country: Japan
• Note: PRESENTED TO THE 45TH INTERNATIONAL SEMINAR COURSE ON INCREASE OF COMMUNITY INVOLVEMENT IN THE TREATMENT OF OFFENDERS, FEBRUARY 10-MARCH 28, 1977

Annotation

JUDICIAL DISCRETION WITH REGARD TO THE SUSPENSION OR EXECUTION OF SENTENCES IN JAPAN IS DISCUSSED.

Abstract

THE DECISION TO SUSPEND OR EXECUTE A SENTENCE IS ESSENTIALLY A DECISION BETWEEN INSTITUTIONAL AND NONINSTITUTIONAL TREATMENT. THE JAPANESE CODE SETS FORTH GENERAL GUIDELINES STATING THE CONDITIONS UNDER WHICH THE COURTS MAY GRANT SUSPENDED SENTENCES. IN THE FIRST SUSPENSION, JUDGES MAY DISCRETIONARILY PLACE AN OFFENDER UNDER PROBATION. IN A SECOND SUSPENSION, PROBATION IS MANDATORY. THE GUIDELINES ALSO TOUCH ON THE EFFECT OF THE SUSPENDED SENTENCE AND ON GROUNDS FOR REVOCATION OF THE SUSPENDED SENTENCE. IN 1975, OF THE 73,391 PERSONS SENTENCED IN JAPAN'S DISTRICT, FAMILY, AND SUMMARY COURTS, 41,301 (56.3 PERCENT) WERE GRANTED SUSPENDED SENTENCES. THERE WERE LOWER RATES OF SUSPENSION FOR CASES OF MURDER, ROBBERY, ARSON, AND NARCOTICS AND HIGHER RATES FOR OBSTRUCTION OF THE PERFORMANCE OF OFFICIAL DUTIES, HABITUAL GAMBLING, EMBEZZLEMENT, AND CASES INVOLVING PROPERTY OBTAINED THROUGH CRIME. THE RATE OF REVOCATION FOR ALL SUSPENDED SENTENCES WAS 9.4 PERCENT. THE RATE OF REVOCATION, PARTICULARLY THAT FOR PERSONS UNDER PROBATION, IS SAID TO INDICATE A NEED FOR STANDARDS TO GUIDE JUDICIAL DISCRETION IN THIS AREA. RESEARCH WAS UNDERTAKEN IN 1950 TO PROVIDE SUCH STANDARDS FOR THEFT CASES. THE RESULTING INDEXES, WHICH WEIGH VARIOUS FACTORS RELEVANT TO THE SUSPENSION AND PROBATION DECISIONS, ARE PRESENTED. (LKM)