The Offenders Prevention and Rehabilitation Law
法令番号: 法律第142号
公布年月日: 昭和24年5月31日
法令の形式: 法律
I hereby promulgate the Offenders Prevention and Rehabilitation Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the fifth month of the twenty-fourth year of Showa (May 31, 1949)
Prime Minister YOSHIDA Shigeru
Law No.142
The Offenders Prevention and Rehabilitation Law
Contents
Chapter I. General Provisions(Arts.1-2)
Chapter II. The Offenders Prevention and Rehabilitation Commissions
Section 1. Establishment and Organization of the Commissions(Arts.3-15)
Section 2. Power and Authority of the Commissions(Arts.16-19)
Section 3. Executive Offices and Their Personnel(Arts.20-27)
Chapter III. Measures for Rehabilitation
Section 1. Release on Parole(Arts.28-32)
Section 2. Supervision(Arts.33-42)
Section 3. Conclusion of Supervision, etc.(Arts.43-48)
Section 4. Review of Dispositions(Arts.49-51)
Section 5. Miscellaneous Provisions(Arts.52-60)
Supplementary Provisions
Chapter I. General Provisions
(The object of this Law)
Article 1. The object of this Law is to provide assistance to the reformation and rehabilitation of offenders, to provide for the appropriate effectuation of amnesty, to provide an impartial and improved system for administering paroles and other pertinent affairs and to facilitate the activities of crime prevention, for the purpose of the protection of society and the promotion of individual and public welfare.
2 All the people are required to render valuable help, according to their position and ability, to accomplish the object mentioned in the preceding paragraph.
(Definitions)
Article 2. The term "Youth" as used in this Law shall mean any person over fourteen and under twenty-three years of age, and the term "adult" shall mean any person of twenty-three years of age or over.
Chapter II. The Offenders Prevention and Rehabilitation Commissions
Section 1. Establishment and Organization of the Commissions
(Establishment of Commissions)
Article 3. In order to effectuate the purpose of this Law, there shall be established, in accordance with the provisions of par.2 of Art.3 of the National Government Organization Law (Law No.120 of 1948), a National Offenders Prevention and Rehabilitation Commission (hereinafter referred to as "NOPAR Commission" ) as an independent organization of the Attorney-General's Office, and as the local branch offices of the NOPAR Commission there shall be established District Youth Offenders Prevention and Rehabilitation Commissions and District Adult Offenders Prevention and Rehabilitation Commissions (hereinafter respectively referred to as "DYOPAR Commissions" and "DAOPAR Commissions" ).
2 The name, location and territorial jurisdiction of the DYOPAR Commissions and DAOPAR Commissions shall be fixed in Annexed Table.
(Organization of NOPAR Commission)
Article 4. The NOPAR Commission shall consist of five commissioners.
2 The commissioners mentioned in the preceding paragraph shall be appointed by the Attorney-General with the consent of both Houses of the Diet.
3 The NOPAR Commission shall have a chairman, who shall be nominated by the Attorney-General from among the commissioners.
(Qualification of commissioners)
Article 5. The commissioners of the NOPAR Commission shall be especially qualified by training, experience, education and character to perform the duties of their office.
2 A person who belongs to a political party or other association which advocates the overthrow by force of the Constitution of Japan or the Government existing thereunder shall not be eligible to be a commissioner of the NOPAR Commission.
3 No more than to of the commissioners of the NOPAR Commission shall be affiliated with the same political party.
(Term of office and performance on duty of commissioners)
Article 6. The term of office of the commissioners of the NOPAR Commission shall be five years. However, a commissioner filling a vacancy shall remain in office during the rest of the term of office of his predecessor.
2 The commissioners may be reappointed.
3 The provisions of Section 7 (Performance on Duty) of Chapter III of the National Public Service Law (Law No.120 of 1947) shall apply mutatis mutandis to the commissioners of the NOPAR Commission.
(Dismissal of commissioners)
Article 7. In case a commissioner of the NOPAR Commission has come to fall under the provisions of par.2 of Art.5, the Attorney-General shall dismiss the said commissioner.
2 In case a commissioner of the NOPAR Commission joins newly a political party or changes his political affiliation during his term of office and in consequence more than two members of the Commission belong to the same political party, he shall be dismissed by the Attorney-General.
3 In case more than one commissioner of the NOPAR Commission join newly a political party or change their political affiliation at the same time and in consequence more than two members of the Commission belong to the same political party, the Attorney-General shall, so as to cause no commissioner more than two to belong to the said party, dismiss such one or more of the commissioners who have come to belong newly to the said party as deemed fit for dismissal at his discretion.
4 The Attorney-General may, in case he considers that any commissioner of the NOPAR Commission is incapacitated from performing his duties on account of a mental or physical defect or that he has violated his official obligations or committed a misconduct unfitting membership, dismiss the commissioner.
5 No commissioner of the NOPAR Commission shall be mismissed without a hearing wherein he shall be given the opportunity to defend himself and a reasonable time to produce evidence favorable to him, and his dismissal shall be approved by both Houses of the Diet.
(Functions of the chairman)
Article 8. The chairman of the NOPAR Commission shall preside over the affairs of the Commission and represent it.
2 Concerning the duties of the chairman, in case the chairman is prevented from discharging his duties, one of the other commissioners shall take his place in such order as fixed by the chairman in advance.
(Resolution, etc.)
Article 9. The NOPAR Commission shall not open a meeting or pass a resolution unless the majority of its commissioners are present.
2 All issues shall be decided by the majority of commissioners present, and in case of a tie, the chairman shall decide the issue.
3 Any investigation, inquiry or hearing which the NOPAR Commission has power to make may be held by or before any member designated by the Commission for the purpose.
4 When the commissioner designated under the provisions of the preceding paragraph has conducted an investigation, inquiry or hearing, he shall report to the Commission the results of such investigation, inquiry or hearing, accompanied by his recommendation.
(Organization of District Commissions)
Article 10. Each DYOPAR Commission and each DAOPAR Commission shall consist of three commissioners respectively.
2 The commissioners mentioned in the preceding paragraph (hereinafter referred to as "district commissioners" ) shall be evaluated and appointed by the Attorney-General, as provided for by the National Personnel Authority.
3 Each DYOPAR Commission and each DAOPAR Commission shall have a chairman respectively, who shall be designated by the Attorney-General from among the district commissioners.
(Qualification of district commissioners)
Article 11. The provisions of pars.1 and 2 of Art.5 shall apply mutatis mutandis to the district commissioners.
2 Not more than one of the district commissioners of the respective Commission shall be affiliated with the same political party.
(Term of office of district commissioners)
Article 12. The provisions of pars.1 and 2 of Art.6 shall apply mutatis mutandis to the district commissioners.
(Dismissal of district commissioners)
Article 13. In case a district commissioner of a DYOPAR or DAOPAR Commission joins newly a political party or changes his political affiliation during his term of office and in consequence more than one member of the Commission belong to the same political party, the Attorney-General shall dismiss the said district commissioner.
2 In case more than one district commissioner of a DYOPAR or DAOPAR Commission join newly a political party or change their political affiliation at the same time and in consequence more than one member of the Commission belong to the same political party, the Attorney-General shall, so as to cause no district commissioner more than one to belong to the said party, dismiss such one or more of the district commissioners who have come to belong newly to the said party as deemed fit for dismissal at his discretion.
(Functions of the chairman of District Commission)
Article 14. The chairman of DYOPAR or DAOPAR Commission shall respectively preside, under the direction and control of the chairman ef the NOPAR Commission over the affairs of the respective Commission and represent the Commission.
2 Concerning the duties of the chairman as specified in the preceding paragraph in case the chairman is prevented from discharging his duties, one of the other district commissioners of the respective Commission shall take his place in such order as fixed by the chairman of the NOPAR Commission in advance.
(Resolution, etc.)
Article 15. The provisons of Art.9 shall apply mutatis mutandis to the DYOPAR Commissions and DAOPAR Commissions.
Section 2. Power and authority of the Commissions
(Power and authority of NOPAR Commission)
Article 16. The NOPAR Commission shall have the power and authority to exercise its functions and duties in relation to the following matters;however, the matters described in item (4) shall not be construed to be any exclusive function of this Commission:
(1) To administer the Supervision (HogoKansatsu) System as prescribed in this Law, to formulate general policies regarding the effectuation of Supervision and to conduct research and study for the improvement of the Supervision system;
(2) To administer the system of conditional release, such as from prison, work-house or reformatory, within the scope of limitations laid down by this and other laws, to formulate general policies regarding the effectuation of such conditional release and to conduct research and study for the improvement of the said systems;
(3) To conduct research and study on matters concerning the effectuation of general amnesty, special amnesty (pardon), commutation of punishment, reprieve (exemption of further execution of punishment) and restoration of rights and the improvement of such systems, and to report and recommend on the said matters to the Attorney-General;
(4) To formulate pertinent programs of crime prevention, and to promote and assist the development of activities designated to prevent crimes;
(5) To direct and control the operation of the DYOPAR Commissions and DAOPAR Commissions;
(6) To conduct review of the dispositions given by the DYOPAR or DAOPAR Commission and render rulings thereof, as provided for in this Law;
(7) To administer, within the scope of limitations laid down by this and other laws, the matters concerning personnel, organizations and budget in relation to the NOPAR Commission, DYOPAR Commissions and DAOPAR Commission;
(8) To exercise scientific research and study on the matters essential to the reformation and rehabilitation of offenders, such as mental and physical qualities, personality, behavior, environment, education, guidance, etc. of offenders;
(9) To foster and train the persons who are or are to be engaged in the work of reformation and rehabilitation of offenders;
(10) Other matters within the authority of the NOPAR Commission under the provisions of this and other Laws.
2 The NOPAR Commission may establish Rules in accordance with the provisions of Art.13 of the National Government Organization Law, in regard to the internal regulations of the Commission and DYOPAR and DAOPAR Commissions and to their procedure for handling cases concerning Supervision, conditional release from prisons, work-houses or reformatories, recommendation of amnesty and review of dispositions.
3 The NOPAR Commission shall submit an annual report to the Cabinet through the Attorney-General in respect to the results obtained by the Commission and DYOPAR and Commissions.
4 The NOPAR Commission shall make the results of research and study and the plans established, as prescribed in items (4) and (8) of par.1, available to the administrative offices concerned, local public entities, schools, hospitals and other organizations, public or private.
5 The NOPAR Commission may present its opinions or recommendations to the competent Ministers through the Attorney-General or to other administrative offices or local public entities. when it deems necessary in order to attain the purpose of this Law.
(Power and authoritv of District Commissions)
Article 17. The DYOPAR Commissions shall be, under the directions and supervision of the NOPAR Commission, in charge of the following matters:
(1) To effectuate Supervision in respect to youths, as prescribed in this Law;
(2) To exercise, as provided for in laws and ordinances, the affairs concerning the effectuation of special amnesty, individually specified commutation of punishment, reprieve and individually specified restoration of rights, in respect to youths;
(3) Other matters within the authority of the DYOPAR Commission under the provisions of this and other Laws.
2 The DAOPAR Commissions shall be. under the direction and supervision, of the NOPAR Commission in charge of the following matters:
(1) To effectuate Supervision in respect to adults, as prescribed in this Law;
(2) To exercise, as provided for in laws and ordinances the affairs concerning the effectuation of special amnesty, individually specified commutation of punishment, reprieve and individually specified restoration of rights, in respect to adults;
(3) Other matters within the authority of the DAOPAR Commission under the provisions of this and other Laws.
3 The administrative authority as specified in Arts.28 and 30 of the Penal Code (Law No.45 of 1907) shall be the DYOPAR Commission in regard to youths and the DAOPAR Commission in regard to adults. and these Commissions respectively shall have the power to grant such conditional release (parole) as from a prison or reformatory, to revoke such dispositions and to grant provisional release from a work-house.
4 The DYOPAR and DAOPAR Commissions respectively shall, for the purpose of facilitating the rehabilitation of offenders, endeavour to enlighten and lead the public opinion, to improve social environments and to promote such activities of the residents as aiming at the prevention of offenses in respective localities.
(Request for cooperation)
Article 18. The NOPAR Commission, and DYOPAR and DAOPAR Commissions respectively may request the necessary help and cooperation of public offices, local public entities, schools, hospitals, public health and welfare agencies or other organizations, in order to exercise and accomplish their duties and powers.
(Rehabilitation workers)
Article 19. The DYOPAR and DAOPAR Commissions may, if supervision officers are not available, have under their respective direction and supervision the rehabilitation workers serve in the affairs within the authority of the said Commissions.
Section 3. Executive Offices and Their Personnel
(Executive office of NOPAR Commission)
Article 20. The NOPAR Commission shall, for the purpose of administering its specific functions, have a Secretariat in accordance with the provisions of par.4 of Art.7 of the National Government Organization Law. and the Secretariat contains the following three Divisions:
General Affairs Division;
Youth Division;
Adult Division.
2 The General Affairs Division shall be in charge of the affairs mentioned in the following items:
(1) The affairs concerning personnel and accounting and miscellaneous affairs;
(2) The affairs concerning the effectuation of amnesty and the research and deliberation on the systems of amnesty, release on parole from prisons, reformatories or workhouses and Supervision;
(3) The affairs concerning the scientific research and study of fundamental data and methods in regard to the crime prevention and to the reformation and rehabilitation of offenders.
3 The Youth Division shall be in charge of the affairs concerning the effectuation of release on parole from prisons, reformatories or work-houses and Supervision in regard to youths.
4 The Adult Division shall be in charge of the affairs concerning the effectuation of release on parole from prisons. reformatories or work-houses and Supervision in regard to adults.
5 Section may be established in each Division specified in par.1;the establishment of Sections and the Scope of their respective specific functions shall be determined by the chairman.
(Executive office of DYOPAR Commission)
Article 21. In each DYOPAR Commission, there shall be established a District Youth Rehabilitation Secretariat as its executive office to deal with the affairs concerning the matters within the authority of the Commission, and in order to take partial charge of the affairs of the District Youth Rehabilitation Secretariat there shall be established a Youth Supervision Office at each place where the Family Court is located.
2 The scope of the affairs under the respective charge of the District Youth Rehabilitation Secretariat and of the Youth Supervision Office and their respective internal organization shall be fixed by the Rules of the NOPAR Commission.
3 The NOPAR Commission may establish a branch of a Youth Supervision Office, if it deems it necessary. at the place where a branch of the Family Court is located.
(Executive office of DAOPAR Commission)
Article 22. In each DAOPAR Commission, there shall be established a District Adult Rehabilitation Secretariat as its executive office to deal with the affairs concerning the matters within the authority of the Commission, and in order to take partial charge of the affairs of the District Adult Rehabilitation Secretariat there shall be established an Adult Supervision Office at each place where the District Court is located.
2 The scope of the affairs under the respective charge of the District Adult Rehabilitation Secretariat and of the Adult Supervision Office and their respective internal organization shall be fixed by the Rules of the NOPAR Commission.
3 The NOPAR Commission may establish a branch of an Adult Supervision Office, if it deems it necessary, at the place where a branch of the District Court is located.
(Personnel)
Article 23. The executive offices of the NOPAR Commission, and DYOPAR and DAOPAR Commissions shall have such personnel as secretaries, research officers and supervision officers and other necessary subsidiary personnel.
2 The secretary shall be engaged in general affairs under the direction of his superior.
3 The research officer shall be engaged in scientific research and study under the direction of his superior.
4 The supervision officer shall be engaged, under the direction of his susperior, in supervision, personal diagnosis and such other affairs as concerning matters within the authority of the DYOPAR or DAOPAR Commission.
5 The authorized number of personnel specified in par.1 shall be fixed by other law.
(Appointment of personnel)
Article 24. The personnel mentioned in par.1 of the preceding Article shall be appointed in accordance with the provisions of the National Public Service Law.
2 The research officers, until such time as the National Personnel Authority shall establish qualifications for these officers, shall be appointed from among persons possessing a good special knowledge on criminology, medical science, psychology, sociology or other sciences having connection with the reformation and rehabilitation of offenders;the supervision officer, from among persons possessing a good experience in the work of correction and rehabilitation of offenders, social work or education, or persons equivalent in experience and culture.
(Chief of executive office of NOPAR Commission)
Article 25. The Secretariat of the NOPAR Commission shall have a Director. He shall, under the direction and control of the chairman, preside over the affairs of the Secretariat, and shall direct and supervise the personnel thereof.
2 Each Division shall have a Division Chief respectively. He shall, under the direction and control of the Director, preside over the affairs of his Division.
(Chiefs of offices of DYOPAR Commissions)
Article 26. In each District Youth Rehabilitation Secretariat there shall be a Director of the secretariat. He shall be in charge of the affairs of the Secretariat under the direction and supervision of the chairman of the concerned DYOPAR Commission and direct and supervise the subordinate personnel.
2 In each Youth Supervision Office there shall be a Chief. He shall be in charge of the affairs of the Supervision Office under the direction and supervision of the Director of the District Youth Rehabilitation Secretariat and direct and supervise the subordinate personnel.
(Chiefs of offices of DAOPAR Commissions)
Article 27. In each District Adult Rehabilitation Secretariat there shall be a Director of the Secretariat. He shall be in charge of the affairs of the Secretariat under the direction and supervision of the chairman of the concerned DAOPAR Commission and direct and supervise the subordinate personnel.
2 In each Adult Supervision Office there shall be a Chief. He shall be in charge of the affairs of the Supervision Office under the direction and supervision of the Director of the District Adult Rehabilitation Secretariat and direct and supervise the subordinate personnel.
Chapter III. Measures of Rehabilitation
Section 1. Release on Parole
(Duty of head of institution to report)
Article 28. When a prisoner has served the term specified in Art.28 of the Penal Code or in Art.58 of the Juvenile Law (Law No.168 of 1948), the head of the prison concerned shall report it to the DYOPAR or DAOPAR Commission, in accordance with the rules established by the NOPAR Commission. This shall be the same as for the head of a reformatory when its inmate has been in it for six months.
(Hearing for parole)
Article 29. When the DYOPAR or DAOPAR Commission has received an application for release on parole from a warden of a prison in regard to prisoners or inmates of workhouses or from a superintendent of a reformatory in regard to its inmates eligible for parole, it shall cause its commissioner or commissioners designated by it to conduct a hearing in order to decide whether to permit such release or not;provided that when such an application has been made contrary to the established form or deficient in legally essential conditions, the Commission may dismiss it by means of a ruling,
2 For the person of whom the report has been made under the provisions of the preceding paragraph, the DYOPAR or DAOPAR Commission may have its commissioner or commissioners designated by it conduct a hearing, even in case where the application mentioned in the preceding paragraph has not been made, to decide whether to permit release on parole or not. In such case, the Commission must ask for the opinion of the warden of the prison or of the superintendent of the reformatory in advance.
3 In such a hearing as mentioned in the preceding two paragraphs, investigation shall be made of the personality of the person concerned, his conduct while in cnstody, his knowledge of a trade or profession, former means of livelihod, his family relationship and any other matters concerned.
(Interview)
Article 30. In such a hearing as relating to the permission of release on parole from a prison or a reformatory, as prescribed in the preceding Article, the commissioner or commissioners shall personally make an interview with the person in the presence of the head of or other personnel concerned of the institution, wherein the person is in custody, inquiring the opinion of such institutional personnel. However, this shall not apply in case of the eminent danger of death, severe illness or serious injury of the person.
(Disposition of release on parole)
Article 31. When a DYOPAR or DAOPAR Commission finds it unfit, in consequence of the hearing mentioned in par.1 of Art.29, to grant such release on parole as from a prison, a work-house or a reformatory, the Commission concerned shall, by means of a ruling, dismiss the application mentioned in the said paragraph.
2 When a DYOPAR or DAOPAR Commission deems it proper, in consequence of the hearing mentioned in par.1 or par.2 of Art.29, to grant such release on parole as from a prison, a work-house or a reformatory, the Commission concerned shall grant such release by means of a ruling.
3 When a DYOPAR or DAOPAR Commission grants such release on parole as from a prison or a reformatory under the provision of the preceding paragraph, it shall at the same time specify, within the limitations laid by the rules of the NOPAR Commission, the specific conditions which are to be complied with by the person during on parole. However, this shall not apply in case where there are some special causes such as his eminent danger of death, his severe illness or serious injury.
(Notification of Conditions)
Article 32. In case of releasing a person from a prison of from a reformatory according to a ruling rendered under the provision of par.2 of the preceding Article (excluding such ruling as granting release from a work-house), the head of the prison or the reformatory concerned shall give notice to the person, in writing, of the term of his parole and these conditions which are to be complied with by the person during on parole, and order him to sign and promise that he will observe these conditions.
2 The provision of proviso to par.3 of the preceding Article shall apply mutatis mutandis in the case of the preceding paragraph.
Section 2 Supervision
(Objects of Supervision and its term)
Article 33. The following persons shall be placed under Supervision (Hogo-Kansatsu), under the jurisdiction of the NOPAR Commission:
(1) Person who has received the protective disposition mentioned in item (1) of par.1 of Art.24 of the Juvenile Law;
(2) Person on parole from a reformatory;
(3) Person on parole from a prison;
(4) Person who has been pronounced suspending execution of sentence with regard to penal servitude or imprisonment when he was not fully 18 years old, and who is placed under the suspension.
2 The provisions of the preceding paragraph shall not be construed to extend the term of Supervision beyond the term of sentence, beyond the date of general amnesty, special amnesty or reprieve, beyond the term reduced by commutation or beyond such term of execution of sentence as fixed under either the provisions of par.1 or 2 of Art.59 of the Juvenile Law or the provisions of par.1 of Art.48 of this Law.
3 The Supervision for the person mentioned in item (1) or par.1 shall not be effected after he has reached twenty years of age;provided that the term of Supervision shall be two years in cases where there are less than two years left for him to reach twenty years of age.
4 The Supervision mentioned in the preceding paragraph may be suspended or remitted, if it is deemed unnecessary, even during the term of Supervision.
(Purpose of and conditions on Supervision)
Article 34. Supervision shall be designed to provide for improvement and rehabilitation of the person under Supervision, by means of measures such as direction and control, and guidance and assistance, requiring him to comply with the conditions specified in the immediately following paragraph and recognizing that it is the primary responsibility of the individual to help himself.
2 Any person who is placed under Supervision shall comply with the following conditions, in addition to the conditions specificaly attached either by a DYOPAR or DAOPAR Commission under the provisions of par.3 of Art.31 or par.1 of Art.38:
(1) He shall have a fixed residence and engage in an honest calling;
(2) He shall observe a good conduct;
(3) He shall not keep company with persons who are known to be of criminal or immoral tendencies;
(4) He shall ask his Supervisor for permission of any change of his residence or of any long scheduled trip.
(Measures of direction and control)
Article 35. The direction and control in Supervision shall be effected by such means as follows:
(1) To look always at the behavior of the person under Supervision, being in reasonable contact;
(2) To give instructions to the person under Supervision, which shall have such contents as deemed reasonably necessary to make him comply with the conditions as specified in par.2 of the preceding Article;
(3) To take other measures essential to assist him to become a low-abiding member of society.
(Measures of guidance and assistance)
Article 36. The guidance and assistance in Supervision shall be effected by means of any one or more of the following item:
(1) To assist in measures for education and training;
(2) To assist in obtaining medical treatment and recreation;
(3) To assist in obtaining lodging accommodations;
(4) To give vocational guidance and aid in obtaining a job;
(5) To reform and adjust environments;
(6) To assist in the return of the person to such place as would be most likely to effect his rehabilitation;
(7) To take other measures essential to accomplish his rehabilitation.
2 The measures of guidance and assistance mentioned in the preceding paragraph may not exceed the extent as deemed reasonably necessary to accomplish the purpose of Supervision;and the measures mentioned in item (5) of the said paragraph may not be effected over members of the family of the person without the consent of the family.
(Organs in charge of Supervision)
Article 37. The effectuation of Supervision on the person who is placed under Supervision shall be in charge of the DYOPAR or DAOPAR Commission which exercises jurisdiction over the place of residence of the person (or the place where the person is present, in case he has no fixed residence),
2 A DYOPAR Commission may, by means of a ruling, not transfer a person under its Supervision to a DAOPAR Commission when he has reached twenty-three years of age, for a specified period not exceeding a year, in case the former finds the transfer prejudicial to the parpose of Supervision. In this case the effectuation of Supervision on the person shall be in charge of the said DYOPAR Commission for the specified period, notwithstanding the provisions of pars.1 and 2 of Art.17.
(Specification and notice of conditions)
Article 38. When the protective disposition, mentioned in item (1) of par.1 of Art.24 of the Juvenile Law, has been given to a person, the DYOPAR Commission in charge of the Supervision on the person shall, within the limitations laid by the rules of the NOPAR Commission, specify the specific conditions to be complied with by the person during under Supervision, by means of a ruling.
2 When a DYOPAR Commission has rendered a ruling under the provision of the preceding paragraph, it shall give notice to the person in writing of these conditions which are to be complied with by the person during under Supervision, and order him to sign and promise that he will observe conditions.
3 The provisions of the proviso to par.3 of Art.31 shall apply mutatis mutandis to the cases of the preceding two paragraphs.
(Exercising organs)
Article 39. The direction, control, guidance and assistance effected in Supervision shall be exercised either by a Supervision officer or by a rehabilitation worker.
(Emergency help)
Article 40. In case there is apprehension that a person placed under Supervision is prevented from rehabilitation by reason of injury or sickness or the lack of proper transient lodging, housing or job, the DYOPAR or DAOPAR Commission shall assist such person to obtain a hospital or medical care, food, lodging, work or other necessary help from public health and welfare facilities or other public institutions;and such institutions shall be made available within the rules and responsibilities of such facilities and institutions.
2 The expenses for such temporary emergency help as may be necessary that cannot be obtained by the provisions of the preceding paragraph shall be paid, by the DYOPAR or DAOPAR Commission which conducted such measures, from a fund established by the budget for its use.
(Summons, investigations, and questioning)
Article 41. A DYOPAR or DAOPAR Commission respectiveiy may at any time summon and inquire the person who is under its Supervision.
2 A DYOPAR or DAOPAR Commission may, when it deems it necessary for the purpose of effectuation of Supervision, have a Supervision officer or a rehabilitation worker make necessary investigation or to ask question to the parties concerned.
3 In case the supervision officer or the rehabilitation worker is to conduct investigation and questioning in accordance with the provision of the preceding paragraph, he must carry with him an identification card to certify his official capacity and show it to the parties interested upon their request.
(Notification to Family Court, etc.)
Article 42. When the DYOPAR Commission has, in respect to the person who is given the protective disposition mentioned in item (1) of par.1 of Art.24 of the Juvenile Law, found anew such causes as mentioned in item (3) of par.1 of Art.3 of the said Law, the Commission may notify a Family Court of the case, even if the person is twenty years of age or more.
2 To the person of whom the notification has been made by the DYOPAR Commission under the provision of the preceding paragraph, the provisions of Chapter II of the Juvenile Law shall be applicable, the person being regarded as a juvenile notwithstanding the provision of par.1 of Art.2 of the said Law.
3 In case a Family Court renders a protective disposition as mentioned in item (1) or (3) of par.1 of Art.24 of the Juvenile Law to the juvenile as specified in the preceding paragraph, it shall, at the same time, fix the term of Supervision or of the custody in a reformatory, which shall not extend after the person reached twenty-three years of age.
4 The provision of par.3 of Art.33 shall not apply in respect to the person for whom the term of Supervision has been fixed under the provision of the preceding paragraph.
Section 3. Conclusion of Supervision, etc.
(Measures for reformatory paroles)
Article 43. In case the person who has been released on parole from a reformatory and is under twenty three years of age has violated or is apprehended to violate the conditions which are to be complied with, the DYOPAR Commission concerned may make application, to the court which made the commitment for a ruling of continual detention in a reformatory for a specified period until the person reaches the age of twenty-three. The ruling by such court shall be made after a hearing, as provided in par.3 of Art.11 of the Reformatory Law (Law No.169 of 1948).
2 In case the person who is on parole from a reformatory and is twenty three years of age or more falls under the reasons as mentioned in par.3 of Art.11 of the Reformatory Law, the DYOPAR Commission concerned may meke application, to the court which made the commitment, for a ruling continual detention in a medical reformatory while the person is mentally defective to a remarkable degree until he reaches the age of twenty-six. The ruling by such court shall be made after a hearing, as provided in par.3 of Art.11 of the Reformatory Law.
(Revocation of Prison Parole)
Article 44. The revocation of parole from a prison shall be effected by means of a ruling, by the DYOPAR or DAOPAR Commission which is in charge of the Supervision on the person concerned.
2 When violation of the conditions, which were to be complied with, is the basis on which the ruling of revocation of parole is rendered, such ruling of revocation shall be rendered after a hearing.
3 The provisions of the Code of Criminal Procedure (Law No.131 of 1948) relating to the commitment to a prison shall apply to the recommitment of a person for whom the parole has been revoked.
(Suspension of parole (declaration of parole violation))
Article 45. In case there is some sufficient reasons to believe that a parolee from a prison has violated the conditions which were to be compiled with by him, the DYOPAR or DAOPAR Commission in charge of his Supervision may render a ruling to suspend the parole (declaration of violation).
2 When a DYOPAR or DAOPAR Commission has rendered a ruling to suspend the parole under the provision of the preceding paragraph, it may, for the sake of a hearing, cause the arrest of the person upon a warrant of arrest (inchijo), issued by a judge in advance.
3 The warrant of arrest mentioned in the preceding paragraph shall be issued upon request of the DYOPAR or DAUPAR Commission.
4 The warrant of arrest mentioned in par.2 may be served either by a judicial police official or by a supervision officer, who in such case shall have the authority of a judicial police official.
5 When the arrest (inchi) has been done under the provisions of the preceding paragraph, the DYOPAR or DAOPAR Commission concerned shall conduct a hearing without delay and shall, within ten days after such arrest, render a ruling to or not to revoke the disposition of parole.
6 The person who has been arrested under the provision of par.2 may be held in a prison or other proper institution within the term specified in the preceding paragraph. However, the DYOPAR or DAOPAR Commission concerned shall immediately release him when it believes there is no need to detain him, even during the term mentioned in the preceding paragraph.
7 When the DYUPAR or DAOPAR Commission has rendered a ruling to or not to revoke the parole or when the term specified in par.5 has passed after arrest, tue disposition of suspension of parole becomes null and void from that time on.
8 In case a revocation of parole is rendered to the person who was arrested under a ruling of suspension of parole (under a declaration of parole violation);the time between the alleged violation and the violator's arrest shall not be construed as time served on his sentence.
9 The days during which the arrested person has been held under the provision of par.6 shall be counted as a part of time served.
10 The provisions of Arts.200,201 and par.1 of Art.203 of the Code of Criminal Procedure shall apply mutatis mutandis to the warrant of arrest mentioned in par.2 (inchijo), in so far as such application does not run counter to the nature of the said arrest.
(Violation of suspending execution)
Article 46. In case it is deemed advisable that the pronouncement suspending execution of sentence is to be rescinded, against the person who has been placed under Supervision under such pronouncement, the DYOPAR Commission shall notify it to the procurator of the District Procurators'Office which has the jurisdiction over the area where the person is or stayed last.
(Permission of discharge from reformatory)
Article 47. A DYOPAR or DAOPAR Commission shall render a ruling to grant regular discharge from a reformatory when it deems it proper in view of the merits achieved while in custody in regard to an inmate and of the merits achieved while on parole in regard to a parson who has been released. This ruling shall be rendered upon the receipt of an application for such regular discharge from the superintendent it of the reformatory in regard to the person in custody, and at any time in regard to the person who has been released on parole.
2 A certificate shall be delivered to the person who has been granted a regular discharge under the provisions of the preceding paragraph.
(Expiration of indefinite terminal sentence)
Article 48. In case the minimum period of the penalty, which was sentenced to a person under the provisions of pars.1 and 2 of Art.52 of the Juvenile Law has passed while the person is on parole, the execution of his sentence may be considered, despite of the provisions of par.2 of Art.59 of the said Law, to have been completed, by means of a ruling rendered by the competent DYOPAR or DAOPAR Commission which deems it proper in view of his merits achieved while under Supervision. This shall apply in case where the said minimum period has passed before his release.
2 In case an application is made about a prisoner, after the minimum period of the penalty which was sentenced to him under the provisions of pars.1 and 2 of Art.52 of the Juvenile Law has passed, from the warden of the prison to the purport that the execution of his penalty must be completed, the completed DYOPAR or DAOPAR Commission shall render a ruling to complete the execution of his sentence, if it deems it reasonable.
3 When the DYOPAR or DAOPAR Commission has rendered the ruling under the provisions of the preceding paragraph, the Commission shall notify it in written instrument to the warden who made the application.
4 As for the person to whom a ruling for the discharge was rendered under the provisions of par.2, the term of sentence shall be regarded as having expired on the day when the written instrument mentioned in the preceding paragraph reached the prison.
5 When the DYOPAR or DAOPAR Commission has rendered a ruling to complete the execution of sentence under the provisions of par.1 or 3, it shall deliver a certificate of it to the person himself.
Section 4. Review of Dispositions
(Application for review)
Article 49. Any person who has a complaint to the disposition given by means of a ruling by a DYOPAR or DAOPAR Commission may apply to the NOPAR Commission for the review of Such disposition within thirty days after the rendition of the disposition.
2 The application for review shall be in writing and in accordance with the process established by the rules of the NOPAR Commission.
3 Application for review shall not have the effect of staying the execution of the disposition.
(Procedure of review)
Article 50. When an application for review has been made contrary to the process established or subsequent to the termination of the right to make such application, the NOPAR Commission shall dismiss it by means of a ruling.
2 Upon receipt of all application for review, the NOPAR Commission shall commence a review without delay, except the case mentioned in the preceding paragraph.
3 Upon commencement of a review, the NOPAR Commission shall notify the concerned DYOPAR or DAOPAR Commission of it immediately and require the said Commission to forward without delay papers and record of the complaint's case, together with its opinion pertinent to the case.
4 In case where the NOPAR Commission conducts a review, it may, by means of a ruling order a stay of execution of the disposition concerned if it deems necessary.
(Disposition upon review)
Article 51. When an application for review is without grounds, the NOPAR Commission shall dismiss it by means of a ruling.
2 In case where the NOPAR Commission finds the application for review to be well-founded, it shall, by means of a ruling, order the DYOPAR or DAOPAR Commission to revoke or alter the disposition concerned.
3 The rendition of ruling mentioned in the preceding two paragraphs shall be done within sixty days from receipt of the application.
Section 5. Miscellaneous Provisions
(Environmental adjustment of prisoners and inmates)
Article 52. In case a DYOPAR or DAOPAR Commission deems it necessary for the purpose of facilitating the return to society of the persons who are detained in prisons or reformatories, it may have a supervision officer visit and discuss with the family or any other persons concerned the matters relating to the adjustment of their circumstances or other environmental conditions.
(Care for persons under stay of execution)
Article 53. As for the person for whom the execution of sentence has been stayed under the provisions of Art.480 or Art.482 of the Code of Criminal Procedure, a DYOPAR and DAOPAR Commissions respectively may exercise such measures of direction, control, guidance and assistance as deemed proper, in case such measures have been requested by the procurator concerned.
2 The provisions of par.1 of Art.37, Art.39 and Art.40 shall apply mutatis mutandis to the case of the preceding paragraph.
(Recommendation of amnesty)
Article 54. In case the NOPAR Commission recommends to the Attorney-General concerning the effectuation of special amnesty, individually specified commutation of punishment, reprieve and individually specified restoration of rights, the Commission shall make investigations, in advance, in relation to pertinent matters such as the character of the person concerned, his conduct, his fitness to be law abiding, the sentiments of the society for him and so on.
2 In case where a recommendation of special amnesty, commutation of punishment or of reprieve is made of an inmate of a prison, it is required to take into consideration his fitness to be at liberty without being a threat to the security and welfare of society.
(Summons and testimony of outsider)
Article 55. The NOPAR Commission, the DYOPAR Commissions and the DAOPAR Commissions respectively may summon the parties concerned at the date and place specified, ask for their testimony and make inquiry to them, when it deems it necessary for the investigation of the matters within the powers of the Commission.
2 Any person who does not obey the summons may be summoned again.
3 Any person who has without any justifiable reason failed to accede to the repeated summons as prescribed in the preceding paragraph shall be subject to a non-penal fine not exceeding 5,000 yen.
(Payment of expenses)
Article 56. To the person who has obeyed the summons mentioned in the preceding Article, travelling expenses, daily allowances and lodging charges shall be paid, as provided by Cabinet Order. However, this shall not apply if, without good reason, he has refused to testify.
(Request for records, recommendations, etc.)
Article 57. When the NOPAR Commission. the DYOPAR Commission or the DAOPAR Commission respectively deems it necessary for the investigation of the matters within their respective power, they respectively may requires the production of necessary records, papers, opinions and reports from the Trial Court, a procurator, the head of a prison and a reformatory.
(Keeping of record)
Article 58. The NOPAR, DYOPAR and DAOPAR Commissions shall keep records, as provided by cabinet order, of any recommendations which have been rendered by them concerning general amnesty, special amnesty, commutation of punishment, reprieve, restoration of rights;of any ruling which have been rendered by these Commissions concerning release on parole from a prison, a work-house and a reformatory, discharge from a reformatory, Supervision;and of such rulings as have been rendered under the provisions of Art.48.
2 The records mentioned in the preceding paragraph shall be put to perusal when any person requires to peruse it;however the request for perusal may be rejected in case there is apprehension that such perusal may obstruct the rehabilitation of the person or bring disgrace on the parties concerned.
(Privileged communication)
Article 59. Any person who is or was a personnel of the NOPAR, DYOPAR and DAOPAR Commission may, whenever he is examined as a witness under the provisions of any other law, refuse testimony in respect to facts of which he has obtained knowledge in professional lines and which relate to secrets of other persons if he deems it to obstacle rehabilitation of the person concerned. However, this shall not apply if the principal (clients) has consented, or if the refusal of testimony is deemed to be nothing but an abuse of right intended merely for the interest of the accused when he is not the principal or if there exist any special circumstances which shall be provided by the Rules of Court.
(Collection of expenses)
Article 60. The DYOPAR and DAOPAR Commissions shall collect the expenses needed for payment mentioned in par.2 of Art.40 (including the case where par.2 of Art.40 is applicable under par.2 of Art.53), by fixing the time limit for collection, either from the individual himself or the person who is under obligation to sustain him. However, this shall not apply in case the Commission believes that neither the individual himself nor the person who is under obligation to support him can bear such expenses.
2 The collection of expenses mentioned in the preceding paragraph may be commissioned to the mayor of a city, town or village (including the headman of a special ward;hereinafter the same) in which the individual himself or the person who is under obligation to support him is living or the properties of such person are situated.
3 In case the Government has entrusted the mayor of a city, town or village with the collection of expenses in accordance with the provisions of the preceding paragraph, the Government shall pay to the city, town or village (including the special ward) concerned the amount equivalent to 4 per cent of the sum collected by it.
Supplementary Provision:
This Law shall come into force as from July 1, 1949.
Annexed Table
Name of DYOPAR and DAOPAR Commissions
Location of DYOPAR and DAOPAR Commissions
Territorial jurisdiction of DYOPAR and DAOPAR Commissions
Kanto District Youth Offenders Prevention and Rehabilitation Commission
Metropolis of Tokyo
Territorial Jurisdiction of the Tokyo High Court
Kanto District Adult Offenders Prevention and Rehabilitation Commission
Kinki District Youth Offenders Prevention and Rehabilitation Commission
City of Osaka
Territorial Jurisdiction of the Osaka High Court
Kinki District Adult Offenders Prevention and Rehabilitation Commission
Chubu District Youth Offenders Prevention and Rehabilitation Commission
City of Nagoya
Territorial Jurisdiction of the Nagoya High Court
Chubu District Adult Offenders Prevention and Rehabilitation Commission
Chugoku District Youth Offenders Prevention and Rehabilitation Commission
City of Hiroshima
Territorial Jurisdiction of the Hiroshima High Court
Chugoku District Adult Offenders Prevention and Rehabilitation Commission
Kyushu District Youth Offenders Prevention and Rehabilitation Commission
City of Fukuoka
Territorial Jurisdiction of the Fukuoka High Court
Kyushu District Adult Offenders Prevention and Rehabilitation Commission
Tohoku District Youth Offenders Prevention and Rehabilitation Commission
City of Sendai
Territorial Jurisdiction of the Sendai High Court
Tohoku District Adult Offenders Prevention and Rehabilitation Commission
Hokkai District Youth Offenders Prevention and Rehabilitation Commission
City of Sapporo
Territorial Jurisdiction of the Sapporo High Court
Hokkai District Adult Offenders Prevention and Rehabilitation Commission
Shikoku District Youth Offenders Prevention and Rehabilitation Commission
City of Takamatsu
Territorial Jurisdiction of the Takamatsu High Court
Shikoku District Adult Offenders Prevention and Rehabilitation Commission
Attorney-General UEDA Shunkichi
Prime Minister YOSHIDA Shigeru