法令番号: 法律第168号
公布年月日: 昭和23年7月15日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Amendment to the Juvenile Law.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the seventh mouth of the twenty-third year of Showa (July 15, 1948)
Prime Minister　ASHIDA Hitoshi
Law No.168
The Juvenile Law Contents
Chapter I. General Provisions
Chapter II. Cases concerning Juvenile protection
Section 1. General Provisions
Section 2. Investigation and Trial
Section 3. Kokoku Appeal
Chapter III. Adult Criminal Case
Chapter IV. Juvenile Criminal Case
Section 1. General Provisions
Section 2. Procedure
Section 3. Disposition
Chapter V. Miscellaneous Provisions
Supplementary Provisions
Chapter I. General Provisions
(The Object of this Law)
Article 1.　The object of this Law is, for the purpose of guaranteeing the sound upbringing of juveniles, to exarcise protective disposition relating to the character correction and environmental adjustment of delinquent juveniles and also to take special measures against the criminal cases of such juveniles and those adults who are harmful to the welfare of juveniles.
(Juvenile, Adult and Guardian)
Article 2.　The term "juvenile" (Shonen) in this Law shall mean any person under twenty years of age, and the term "adult" (Seijin) shall mean any person of twenty years of age or over.
The term "guardian" (Hogosha) in this Law shall mean any person who is legally responsible to a juvenile for his custody and education or who actually has a juvenile in custody.
Chapter II. Cases concerning Juvenile Protection
Section 1. General Provisions
(Juveniles committable for trial)
Article 3.　The Family Court shall have the jurisdiction over the following juveniles:
(1)　Any juvenile who is alleged to have committed a crime or any juvenile under 14 years of age who is alleged to have violated any criminal law or regulation;
(2)　Any juvenile of whom there is apprehension that he may commit a crime, in view of his character or surrounding circumstances, because of the existence of the following reasons;
a.　He habitually refuses to submit himself to the reasonable control of his guardian;
b.　He repeatedly deserts his home without good reason;
c.　He associates with persons of a known criminal or immoral nature, or frequents any place the existence of which is in violation of law;
d.　He habitually acts so as to injure or endanger his own morals or those of others.
The Family Court may put a juvenile under fourteen years of age to trial who comes under Item 2 of the preceding paragraph, only when the prefectural governor or the Head of the Child Welfare Station transfers him to the Court.
(Authority of an Assistant Judge)
Article 4.　An assistant judge shall have the authority to render any decision at his own discretion, except the rulings mentioned in Art.20.
(Jurisdiction)
Article 5.　Jurisdiction over cases concerning juvenile protection shall be determined by the place of an act done, the place of demicile or residence of the juvenile or by the place where he is at present.
The Family Court may, when it deems particularly necessary for the proper protection of the juvenile, by means of a ruling, transfer the cases to another Family Court having jurisdiction.
The Family Court shall, when it does not admit a case as falling under its jurisdiction, transfer the case to the competent Family Court by means of a ruling.
Section 2. Investigation and trial
(Notification)
Article 6.　Any person who has discovered a juvenile committable for trial in the Family Court shall notify the said Court of the case in view.
(Juvenile Investigators'Reports)
Article 7.　A Juvenile Investigator shall, if he has discovered a juvenile committable for trial in the Family Court, report the case to a judge.
The Juvenile Investigator may, prior to the report mentioned in the preceding paragraph, inquire of the juvenile and his guardians about the circumstances of the case.
(Investigation of Cases)
Article 8.　The Family Court shall, when it believes, as a result of notification or report as stated in the two preceding Articles, that there is a juvenile committable for trial, make an investigation into the case in view. The same shall apply in case where a juvenile case committable for trial in the Family Court has been transferred from a public procurator, judicial police officer, prefectural governor or the Head of Child Welfare Station.
The Family Court may order a Juvenile Investigator to examine a juvenile, his guardians or informants (Sankonin) and to conduct other necessary investigations.
(Principle of Investigation)
Article 9.　In making investigations as stated in the preceding Article, every effort is required to make efficient use of medical, psychological, pedagogical, sociological and other technical knowledge in regard to the conduct, career, temperament and environment of the juvenile, his guardians or of other persons concerned.
(Attendant)
Article 10.　A juvenile and his guardians may, with the approval of the Family Court, select an attendant. However, in case where an advocate is going to be selected as an attendant, the approval of the Family Court need not be obtained.
A guardian may become an attendant with the approval of the Family Court.
(Summons (Yobidashi) and Arrest (Doko))
Article 11.　The Family Court may, when it deems necessary to do so for the investigation of a case, issue a writ of summons (Yobidashijo) to the juvenile or his guardian.
The Family Court may issue a warrant of arrest (Doko-jo) to the person who disobeys the summons mentioned in the preceding paragraph without good reason.
(Emergency Arrest)
Article 12.　In case a Family Court finds it necessary for the welfare of a juvenile who is in urgent need of protection, it may issue a warrent of arrest to the juvenile irrespective of the provisions of Par.2 of the preceding Article.
(Execution of a Warrant of Arrest)
Article 13.　A Warrant of arrest shall be executed by a Juvenile Investigator.
A Family Court may cause a National Rural Police Official (Keisatsu-kan), Municipal Police Official (Keisatsu-Riin), Supervision Officer or rehabilitation commissioner to execute the warrant of arrest.
(Examination of witnesses, expert evidence, interpretation and translation)
Article 14.　The Family Court may examine witnesses or give orders for expert evidence, interpretation or translation.
The provisions of the Code of Criminal Procedure (Law No.131 of 1948) relating to the examination of witnesses, expert evidence, interpretation and translation shall apply mutatis mutandis to the case of the preceding paragraph in so far as such application does not run counter to the nature of the case of protection.
(Evidence by inspection, seizure and search)
Article 15.　The Family Court may effect an inspection of evidence, or make seizure or search.
The provisions of the Code of Criminal Procedure relating to evidence by inspection, seizure and search shall apply mutatis mutandis to the case of the preceding paragraph in so far as such application does not runs counter to the nature of the case of protection.
(Help and Co-operation)
Article 16.　A Family Court may cause a National Rural Police Official, Municipal Police Official, Supervision Officer, Rehabilitation Commissioner, Child Welfare Official or Child Welfare Commissioner to render his help essential to investigation and supervision.
The Family Court may, when it is necessary for the discharge of its functions, ask for the co-operation of a public office, organization, public or private, school or hospital, etc.
(Measures for Care and Custody)
Article 17.　The Family Court may, when it is necessary for conducting trial, take the following measures for care and custody, by means of a ruling:
(1)　Placement under the care and custody of a Juvenile Investigator.
(2)　Consignment to a Juvenile Detention Home.
In regard to a juvenile under arrest, the measure for care and custody shall be effected within 24 hours at latest after his arrival at the Court. This shall apply in case where the Court has received such juveniles as are detanined or arrested, from a public procurator or judicial police officer.
In regard to the measure mentioned in Item 2 of Par.1, the period for consignment to a Juvenile Detention Home shall not exceed two weeks. In case where particular necessity exists for extention, the Court may render a ruling to renew the period but once. However, in case where, in regard to the case which has been transferred from a public procurator for a second time, the measure mentioned in Item 2 of Par.1 has already been taken or a warrant of detention has been issued, the term for consignment shall not be renewed.
In case where a judge has transferred a case to a Family Court after taking the measure mentioned in Item 1 of Par.1 upon receipt of a request mentioned in Par.1 of Art.43, that measure of transfer shall be regarded as the measure mentioned in Item 1 of Pay.1.
In case where a judge has transferred a case to a Family Court after taking the measure mentioned in Item 2 of Par.1 upon receipt of a request mentioned in Par.1 of Art.43, that measure of transfer shall be regarded as the measure mentioned in Item 2 of Par.1. In this case the time limit mentioned in Par.3 shall be calculated from the day when the Family Court received the case.
The measures for care and custody may be withdrawn or altered by means of a ruling However, in regard to the measure mentioned in Item 2 of Par.1, such total period for consignments or consignment shall not exceed four weeks.
(Measures of the Child Welfare Law)
Article 18.　The Family Court shall, when it deems the measures proper upon investigation, to take in accordance with the provisions of the Child Welfare Law (Law No.164 of 1947), render a ruling to transfer the case to the competent prefectural governor or the head of Child Welfare Station. However, this shall not apply to the cases which have been transferred from prefectural governors or heads of Child Welfare Station.
(Ruling to refuse a trial)
Article 19.　The Family Court shall, when it deems a case impossible or improper to be put to trial in consequence of investigation, render a ruling to refuse a trial therefor.
(Transfer of cases to a public procurator)
Article 20.　In case where, in respect to the case of an offence punishable with death penalty, or penal servitude or imprisonment, the Family Court finds it reasonable, after investigation, to give the offender a criminal disposition according to the nature and circumstance of the offence, it shall transfer the case, by means of a ruling, to a public procurator of the Public Procurator's Office corresponding to the competent District Court. However, if the offence has been committed by a juvenile under sixteen years of age at the time of transfer, it shall not transfer such case to a public procurator.
(Ruling to open a trial)
Article 21.　If the Family Court finds it proper to try a case after investigation, it shall render a ruling to that effect.
(Form of trials)
Article 22.　Trials shall be conducted softly and mildly with warn consideration.
Trials shall not be opened to the public.
(Cases not to be subject to protective disposition after the commencement of trial)
Article 23.　If the Family Court finds at trial that a case comes under Art.18 or 20, it shall render a ruling as provided therein respectively.
If the Family Court sees no need, at trial, to give a protective disposition to a juvenile, it shall render a ruling to that effect.
(Ruling of protective dispositions)
Article 24.　The Family Court shall, by means of a ruling, effect any of the following protective dispositions for a case to which the Court has commenced a trial except the cases stated in the preceding Article:
(1)　To be placed under the supervision of the District Youth Offender Prevention and Rehabilitation Board (hereinafter called DYOPAR Board),
(2)　To be committed to a Home for Juvenile Training and Education (Kyogoin) or Protective Institution (Yogo-shisetsu),
(3)　To be committed to a reformatory.
In the case of the protective dispositions mentioned in Item 1 and Item 3 of the preceding paragraph, a DYOPAR Board may be caused to take steps concerning the adjustment of the family affairs and other environments of the juveniles.
(Supervision by a Juvenile Investigator)
Article 25.　In case where a Family Court deems it necessary in determining the protective dispositions mentioned in Par.1 of the preceding Article, it may place the juvenile concerned, by means of a ruling, under the supervision of a Juvenile Investigator for a reasonable time.
In exercising the supervision mentioned in the preceding paragraph, the Family Court may take the following measures at the same time:
(1)　To fix the items to be observed and order the fulfilment thereof.
(2)　To commit the juvenile to its guardian under such conditions as determined by the Court.
(3)　To commit the juvenile to a suitable institution, organization or individual for its guidance.
(Execution of rulings)
Article 26.　In case a Family Court has made the rulings mentioned in Item 2 of Par.1 of Arts.17, Arts.18 and 20, and Par.1 of Art.24, it may cause a Juvenile Investigator, National Rural Police Official, Municipal Police Official, Supervision Officer, Rehabilitation Comissioner, Child Welfare Official or Child Welfare Commissioner to execute such rulings.
In case the Family Court finds it necessary for executing the rulings mentioned in Item 2 of Par.1 of Art.17, Arts.18 and 20, and Par.1 of Art.24, it may issue a writ of summons to the juvenile.
The Family Court may issue a warrant of arrest to the person Who fails to comply with the summons mentioned in the preceding paragraph without good reason.
The provisions of Art.13 shall apply mutatis mutandis to the warrant of arrest mentioned in the preceding paragraph.
(Adjustment of concurrent dispositions)
Article 27.　In case a judgment of guilty has become binding against an individual in the course of execution of a protective disposition, the Family Court which has given such protective disposition may, if it deems proper to do so, revoke such disposition.
In case a new protective disposition has been effected in the course of execution of the protective disposition, the Family Court which has given such new protective disposition may revoke either of the two dispositions after hearing the opinion of the Family Court which has given the former protective disposition.
(Presentation of reports and opinions)
Article 28.　In case a Family Court has made the rulings mentioned in Art.24 or 25, it may request an institution, organization, individual, DYOPAR Board, child welfare agency or reformatory to submit a report or an opinion on the juvenile.
(Payment of expenses for commitment)
Article 29.　When the Family Court commits a juvenile to a suitable institution, organization or individual for his guidance by means of the measure mentioned it Item 3 of Par.2 of Art.25, it may pay the whole or a part of the expenses incurred thereby to the one mentioned above.
(Expenses of witnesses etc.)
Article 30.　The provisions of laws and ordinances, relating to the costs of criminal procedure shall apply mutatis mutandis to the amount of travelling expenses, daily allowances, lodging and other expenses paid to witnesses, expert witnesses, translators or interpreters.
Informants (Sankonin) may demand travelling expenses, daily allowances and lodging expenses.
Expenses paid to informants shall be regarded as expenses paid to witnesses and be governed by the provisions of the first paragraph.
(Collection of expenses)
Article 31.　The Family Court may collect from a jvenile himself or from the person under obligation to sustain him the whole or a part of the expenses which were paid to witnesses, expert witnesses, interpreters, translators or informants as travelling expenses, daily allowances, lodging or other expensses, and the expensses incurred in Juvenile Detention Homes or Reformatories.
The provisions of Art.208 of the "Law of Procedure in Non-contentious Matters" (Law No.14 of 1898) shall apply mutatis mutandis to the collection of the expenses stated in the preceding paragraph.
Section 3. Kokoku appeal
(Kokoku-appeal)
Article 32.　The juvenile himself or his legal representative or attendant may file a Kokoku-appeal within two weeks against the ruling of protective disposition only on the ground that it is in violation of laws and ordinances which influences the ruling or there are material errors in finding of facts or that the disposition effected is remarkably improper. However, the attendant shall not appeal against the clearly expressed intention of the guardian who selected him as attendant.
(Decision in the Kokoku-appeal instance)
Article 33.　In case a Kokoku-appeal has been made in violation of the provisions concerning its procedure or it is unfounded, it shall be dismissed.
When the Kokoku-appeal is well-founded, the original ruling shall be withdrawn, and the case shall be sent back to the original Court or transferred to other Family Court.
(Suspension of execution)
Article 34.　A Kokoku-appeal shall have no effect to suspend the execution of a disposition. However, the original Court or the Court of Kokoku instance may, by means of a ruling, suspend its execution.
(Second Kokoku-appeal)
Article 35.　The juvenile himself or his legal representative or attendant may again file a Kokoku-appeal with the Supreme Court within two weeks against the ruling to have dismissed the first Kokoku-appeal, only on the ground that the ruling is against the Constitution or the Court of Kokoku instance has made errors in the construction of the Constitution or judged contrary to the judicial precedents of the Supreme Court or High Courts which were the courts of Kosoappeal instance, However, the attendant shall not appeal against the clearly expressed intention of the guardian who selected him as attendant.
The provisions of Art.34 shall apply mutatis mutandis to the case of the preceding paragraph.
(Other matters)
Article 36.　Other matters than provided for in this law which are essential to the cases concerning juvenile protection shall be determined by the Supreme Court.
Chapter III. Adult Criminal Case
(Institution of Public Action)
Article 37.　In respect to the following cases of adult, public action shall be instituted to the Family Court:
(1)　Offences against the Law for Prohibiting Smoking to Minors (Law No.33 of 1900)
(9)　Offences against the Law for Prohibiting Liquors to Minors (Law No.20 of 1922)
(3)　Offences against the following Articles of the Labour Standard Law (Law No.49 of 1947):Art.118 relating to Art.56 or Art.64 concerning juveniles;Item 1 of Art.119 relating to Par.2 or 3 of Art.60, Art.62 or 63 (excluding Par.3) concerning juveniles or Art.72;Item 1 of Art.120 relating to Arts.57 to 59 inclusive or Art.68 concerning juveniles (including enterprisers'offences as prescribed by Art.121 concerning these offences);
(4)　Offences against Art.60 of the Child Welffare Law.
In the case where the offences mentioned in the preceding paragraph are in the same connection with other offences as provided for in Par.1 of Art.54 of the Penal Code (Law No.45 of 1907), the provisions of the preceding paragraph shall apply only if such case is to be punished with the penalties for offences mentioned in the preceding paragraph.
(Notification of case)
Article 38.　When the Family Court finds any case provided for in the preceding Article in the course of the investigation or trial of a case concerning juvenile protection, it shall notify a public procurator or judicial police officer of that case.
(Transfer to a District Court)
Article 39.　When the Family Court finds it reasonable to impose imprisonment or a graver penalty on a case stated in Art.37, it shall transfer the case, by means of a ruling, to the competent District Court.
Chapter IV. Juvenile Criminal Cases
Section 1. General Provisions
(Basic provisions)
Article 40.　Except as otherwise provided in this Law, the procedure concerning ordinary criminal cases shall apply to juvenile criminal cases.
Section 2. Procedure
(Transfer of cases from a judicial police officer)
Article 41.　In case where, in respect to a suspected juvenile case, a judicial police officer believes, upon investigation, that he is suspected to have committed an offence punishable with a fine or a lesser penalty, he shall send the case to a Family Court. This shall apply in case where he believes that there are grounds for committing the case to trial in a Family Court even if there is no suspicion of a crime.
(Transfer of cases from a public procurator)
Article 42.　In case where, in respect to a suspected juvenile case, a public procurator believes, upon investigation, that there is suspicion of a crime, he shall send the case to a Family Court, unless it is the case prescribed in the principal clause of Item 5 of Art.45. This shall apply in case where he believes that there are grounds for committing the case to trial in a Family Court even if there is no suspicion of a crime.
(Measures substituted for detention)
Article 43.　In regard to a suspected juvenile case, a public procurator may request a judge for the measure mentioned in Par.1 of Art.17 instead of requesting for detention. However, the request for the measure mentioned in Item 1 of Par.1 of Art.17 must be made to a judge of a Family Court.
Any judge who has received the request mentioned in the preceding paragraph shall have the same power as a Family Court, in regard to the measures mentioned in Par.1 of Art.17.
In regard to a suspected juvenile case, a public procurator shall not request a judge to detain the suspect unless the unavoidable circumstances exist.
(Validity of Measures substituted for detention)
Article 44.　If, in case a judge has taken the measure mentioned in Item 1 of Par.1 of Art.17 upon receipt of the request mentioned in Par.1 of the preceding Article, a public procurator does not transfer the case to a Family Court in consequence of investigation, he must request the judge to revoke such measure without delay.
In case a judge is to take the measure mentioned in Item 2 of Par.1 of Art.17 upon the request mentioned in Par.1 of the preceding Article, he shall do it upon a warrant.
The measure mentioned in the preceding paragraph shall be valid for ten days after the request was made therefor.
(Treatment of cases after transferred to a public procurator)
Article 45.　The following provisions shall apply in case where a Family Court has transferred a case to a public procurator in accordance with the provisions of Art.20:
(1)　The measure mentioned in Item 1 of Par.1 of Art.17 shall lose effect unless public action for the case is instituted within ten days from the date when the public procurator received the case, except the cases where the public procurator has again transferred the juvenile case to the Family Court. In case where public action has been instituted, the Court may, either upon request of the public procurator or ex-officio, withdraw such measure at any time.
(2)　In case a warrant of detention has been issued in the course of the measure mentioned in the preceding item, such measure shall forthwith lose effect.
(3)　The measure mentioned in Item 1 above shall remain in force after the juvenile concerned has reached twenty years of age.
(4)　The measure mentioned in Item 2 of Par.1 of Art.17 shall be regarded as detention, and the term for such detention shall be calculated from the day when the public procurator received the case. In this case, if a warrant of detention has already been issued for the case, the term for detention shall not be extended.
(5)　In case where a public procurator believes that there is suspicion of a crime sufficient to institute public action in regard to the case which has been transferred from a Family Court, he must institute public action. However, this shall not apply in case where it is deemed improper to prosecute the case because there is no suspicion of the crime sufficient to institute public action in regard to a part of the case which has been transferred, or there has been discovered new facts which are material to the extenuation of the criminal circumstances, and also in case where it is deemed improper to prosecute the case because the circumstances have changed after the transfer of the case.
(6)　An attendant who is an advocate shall be regarded as a defense counsel.
(Validity of a protective disposition)
Article 46.　In case the protective dispositions mentioned in Par.1 of Art.24 have been given to a juvenile who committed a crime he shall neither be prosecuted nor be brought to trial in a Family Court on the same case for which he was tried.
(Stoppage of running of prescription)
Article 47.　The prescription of public action shall stop running during the pendency of a case in a Family Court, either after the rendition of the rulling mentioned in Art.21 in the case of the first part of Par.1 of Art.8, or after the transfer of the said case to the Court in the case of the latter part of Par.1 of Art.8.
The provisions of the preceding paragraph shall also apply to the case where the juvenile concerned has reached twenty years of age subsequent to the rendition of the ruling mentioned in Art.21 or the transfer of the said case.
(Detention)
Article 48.　A warrant of detention shall not be issued to a juvenile unless the unavoidable circumstances exist.
In case a juvenile is to be detained, he may be confined in a Juvenile Detention Home.
Even after he has reached twenty years of age, the provisions of the preceding paragraph may continue to apply.
(Severance of treatment)
Article 49.　As far as possible, a juvenile suspect or accused shall be isolated from other suspected or accused persons so that he may not be in contact with them.
Even in the case where an accused juvenile case is connected with other accused case, the proceedings for the juvenile case shall be severed in so far as the severance does not obstruct the trials.
A juvenile shall be isolated from adults in a detention cell (Koiki-kan).
(Principle of trial)
Article 50.　Trials for juvenile criminal cases shall be conducted in compliance with the purport of Art.9.
Section 3. Disposition
(Mitigation of death penalty and penalty for an indeterminate period)
Article 51.　In case where a person who is under eighteen years of age at the time of commission of an offence is to be punished with death penalty, he shall he sentenced to penalty for an indeterminate period, and in case where he is to be punished with the latter, he shall be sentenced to penal servitude or imprisonment for more than ten years and less than fifteen years.
(Sentence prescribing maximum and minimum periods)
Article 52.　In case where a juvenile is to be punished with penal servitude or imprisonment of which maximum period is more than three years, he shall be given a sentence which prescribes the maximum and minimum periods within the limit of said penalty. However, in case where he is to be punished with a penalty of which minimum period is more than five years, the minimum period shall be reduced to five years.
A penalty imposed according to the provisions of the preceding paragraph shall not exceed five years in the minimum and ten years in the maximum.
The provisions of the two preceding paragraphs shall not apply in case he is sentenced to the suspension of execution of penalty.
(Number of days of consignment to a Juvenile Detention Home)
Article 53.　In case where the measure mentioned in Item 2 of Par.1 of Art.17 has been taken, the number of days of consignment in a Juvenile Detention Home shall be regarded as the number of days of unconvicted detention.
(Prohibition of a disposition substituted for penalty)
Article 54.　No juvenile shall be sentenced to confinement in a labour house.
(Transfer of cases to the Family Court)
Article 55.　In case where a Court deems it proper, after the finding of facts, that an accused juvenile shall be subject to protective disposition, it shall, by means of a ruling, transfer the case to a Family Court.
(Execution of penal servitude or imprisonment)
Article 56.　In regard to a juvenile who is sentenced to penal servitude or imprisonment, his sentence shall be executed in a prison specially established for the purpose, or in a special compartment provided, in the prison.
Even after he has reached twenty years of age, the execution may be continued in accordance with the provisions of the preceding paragraph until he reaches twenty-six years of age.
(Protective dispositions and execution of penaities)
Article 57.　In case where a sentence of penal servitude, imprisonment or detention has become binding in the course of execution of protective disposition, that sentence shall first be executed. The same shall apply in case where a protective disposition has been given before the execution of a sentence of penal servitude, imprisonment or detention which has become binding.
(Parole)
Article 58.　Parole may be granted to a person who was sentenced to penal servitude or imprisonment when he was a juvenile, after the lapse of the following periods:
(1)　Seven years in case of a penalty for an indeterminate period;
(2)　Three years in case of a penalty for a determinate period, imposed by the provisions of Art.51;
(3)　One-third of minimum period in case of a penalty imposed by the provisions of Pars.1 and 2 of Art.52.
(Expiration of the term of parole)
Article 59.　In case where a person, who was sentenced to a penalty for an indeterminate period while a juvenile, has been paroled and ten years have passed since the parole without its rescission, the execution of his sentence shall be considered to have been completed.
In case where a person, who was sentenced to a penalty for a determinate period while a juvenile, in accordance with the provisions of Art.51 or Pars.1 and 2 of Art.52, has been paroled and and the same length of period as that for which he served the penalty before parole or the penal term mentioned in Art.51 or the maximum term of penalty mentioned in Pars.1 and 2 of Art.52 has passed since the parole without it rescission, the execution of his penalty shall be considered to have been completed at the time when the shortest of the above has passed.
(Application of laws and ordinances concerning the qualifications of a person)
Article 60.　Any person who was convicted of a crime he committed while a juvenile and for whom the excution of penalty has been completed or remitted shall be regarded as not having been convicted for the future in applying the laws or ordinances relating to the qualifications of a person.
Any person who was convicted of a crime he committed while a juvenile but received a sentence suspending the execution of the penalty shall be governed by the provisions of the preceding paragraph, as the execution of penalty shall be regarded as having been completed during the period of such suspension.
In case where, in the case of the preceding paragraph, the sentence suspending the execution of penalty has been rescinded, he shall be regarded as having;been convicted at the time of its rescission in applying the laws or ordinances relating the qualifications of a person.
Chapter V. Miscelianeous Provisions
(Prohibition of publication of accounts, etc.)
Article 61.　In respect to a juvenile who has been tried in a Family Court or a person against whom public action has been instituted on a crime he committed while a juvenile, such accounts or photographs as contain his name, age, occupation, dwelling, looks, etc., which may enable other people to guess that he is the very criminal involved in the same case, shall not be published in newspapers or other publications.
Supplementary Provisions:
(Date of enforcement)
Article 62.　The present Law shall come into force as from January 1, 1949.
(Transitional provisions)
Article 63.　The term "new Law" as defined here means the Juvenile Law revised by this Law, and "old Law" means the Juvenile Law (Law No.42 of 1922) hitherto in force.
Such cases as pending in the Juvenile Court at the time of enforcement of this Law shall be regarded as pending in the Family Court.
In the case of the preceding paragraph, any disposition which has been effected in accordance with the provisions of Art.37 of the old Law shall be regarded as a disposition effected in accordance with the provisions of Art.17 of the new Law, in the following manner:
Art.37 of old Law
Art.17 of new Law
disposition in Items 1 to 4 inclusive of Par.1. measure in Item 1 of Par.1.
disposition in Par.2. measure in Item 2 of Par.1.
Any protective disposition effected by Items 5 to 9 inclusive of Par.1 of Art.4 of the Old Law, shall be regarded as effected in accordance with the provisions of Art.24 or 25 of the new Law, in the following manner:
Art.4 of old Law
new Law
protective disposition in Item 5 (except the disposition of commission to a rehabilitation institution) and Item 9 of Par.1.
Par.1 and Item 3 of Par.2 of Art.25.
Protective disposition of commission to a rehabilitation institution in Item 5 of Par.1 and protective disposition in Item 6.
Item (1) of Par.1 of Art.24.
protective disposition in Item 7 of par.1.
Item (2) of Par.1 of Art.24.
protective disposition in Item 8 of Par.1.
Item (3) of Par.1 of Art.24.
In addition to those prescribed in the two preceding paragraphs, any disposition which has been effected in accordance with any provision of the old Law shall be regarded as effected in accordance with the provisions of this Law corresponding to it.
Article 64.　In applying Arts.58 and 59 to a penaity pronounced prior to the enforcement of this Law, "Art.51" and "Pays.1 and 2 of Art.52" shall respectively read "Par.1 of Art.7 of the old Law" and "Pars.1 and 2 of Art.8 of the old Law."
Article 65.　Any person under sixteen years of age who has committed a crime other than mentioned in Art.200 of the Penal Code prior to the enforcement of this Law shall be governed by the provisions of Par.1 of Art.7 to the old Law. The provision of Art.51 of this Law shall apply to those who have committed the offience mentioned in Art.200 of the Penal Code.
Article 66.　In regard to a case which is not to be prosecuted in accordance with the provisions of Art.63 of the old Law, any juvenile involved in such case who has received the protective disposition mentioned in Art.4 of the old Law shall neither be prosecuted nor be brought to trial in the Family Court.
Article 67.　The provisions of Art.60 shall apply even to those persons who were sentenced to death or penalty for an indeterminate period for a crime they committed while juveniles, prior to the enforcement of this Law, and for whom the execution of penalty has been completed on such grounds as commutation of penalty, etc. or it has been remitted.
Article 68.　Irrespective of the provisions of Par.1 of Art.2, the term "juvenile" shall mean any person under eighteen years of age and "adult" shall mean any person of eighteen years of age or over, for one year subsequent to the enforcement of this Law.
In applying the provisions of the preceding paragraph, "twenty years of age" in Item 3 of Art.45, Par.2 of Art.47, Par.3 of Art.48 and Par.2 of Art.56 shall read "eighteen years of age."
Attorney-General　SUZUKI Yoshio
Minister of Welfare　TAKEDA Giichi
Prime Minister　ASHIDA Hitoshi