Law for the Enforcement of the Offenders Prevention and Rehabilitation Law
法令番号: 法律第143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 Law for the Enforcement of 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.143
Law for the Enforcement of the Offenders Prevention and Rehabilitation Law
Article 1. The National Offenders Prevention and Rehabilitation Commission (hereinafter referred to as "NOPAR Commission" ) shall be composed of three commissioners until March 31, 1950, notwithstanding the provisions of Art.4 par.1 of the Offenders Prevention and Rehabilitation Law (Law No.142 of 1949;hereinafter referred to as "OPAR Law" ).
2 Of the three commissioners of the NOPAR Commission, the District Youth Offenders Prevention and Rehabilitation Commission (hereinafters referred to as "DYOPAR Commission" ) or the District Adult Offenders Prevention and Rehabilitation Commission (hereinafter referred to as "DAOPAR Commission" ) to be appointed first after the enforcement of the OPAR Law, one shall hold the office for two years, one for three years and one for four years in each Commission, notwithstanding the provisions of Art.6 par.1 and Art.12 of the said Law.
3 The term of office of each commissioner mentioned in the preceding paragraph shall be determined by the Attorney-General.
Article 2. There may be set up a branch of the Youth Supervision Office in place of a Youth Supervision Office in the locality where the Family Court is situated, and a branch of the Adult Supervision Office in place of an Adult Supervision Office in the locality where the District Court is situated, until March 31, 1950, notwithstanding the provisions of Arts.21 and 22 of the OPAR Law.
Article 3. In case there exist unavoidable circumstances in conducting the hearing for rendering a ruling on the permission of release on parole from a prison or reformatory. the commissioners of the DYOPAR Commission or the DAOPAR Commission shall be allowed not to have an interview with the person in question until March, 1950. notwithstanding the provisions of Art.30 of the OPAR Law.
2 In case the commissioner has no interview with the person in question in accordance with the provisions of the preceding paragraph, the commissioner must request the chief of the prison or reformatory in which the person is detained to interview with the person and to report the result of the interview.
Article 4. Those who have been subjected to the protective disposition provided for in par.1 item (1) of Art.24 of the Juvenile Law (Law No.168 of 1948)(including the cases where juveniles who were placed under the protective disposition in accordance with the provisions of the old Juvenile Law (Law No.42 of 1922) are regarded as placed under the protective disposition provided for in par.1 item (1) of Art.24 of the Juvenile Law) and are actually under the Supervision and those who have been released on parole from a reformatory (Kyosei-in or Shonen-in) and are actually on parole, before the enforcement of this Law, shall be regarded as placed under the Supervision in accordance with the provisions of the OPAR Law.
2 The provisions of the preceding paragraph shall also apply to those who, at the time of the enforcement of this Law, are actually on parole, from prisons and those who, prior to the enforcement of this Law, were pronounced the suspension of execution of sentence of penal servitude or imprisonment in their ages of less than eighteen years and are actually under the suspention.
Article 5. The Prison Law (Law No.28 of 1908) shall be partially amended follows:
In Art.1 par.1 item (4), "both of accused persons and criminals under sentence of death" shall be amended as "of the accused persons, persons detained upon a warrant of arrest (inchi-jo) and criminals under sentence of death."
In Art.9, "any part applicable to the accused correspondingly applies to any criminal capitally punished" shall be amended as "any part applicable to the accused shall apply mutatis mutandis to any person detained upon a warrant of arrest (inchi-jo) and any criminal under sentence of death."
Article 67 shall be amended as follows:
Article 67. Deleted.
Article 6. The Amnesty Law (Law No.20 of 1947) shall be partially amended as follows:
In Art.12, "the application is made by public procurators or chiefs of prison where they are imprisoned" shall be amended as "the application is made by the National Offenders Prevention and Rehabilitation Commission."
In Art.13, "shall deliver writs of special amnesty, of commutation of punishment, of reprieve or of rehabilitation to public procurators in order to hand them over to the persons concerned shall be amended as" shall deliver writs of special amnesty, of commutation of punishment, of reprieve or of restoration of rights to the persons in question."
The following one Article shall be added next to Art.14:
Article 15. Necessary matters as to the enforcement of this Law shall be fixed by Ordinance.
Article 7. The Juvenile Law shall be partially amended as follows:
Article 69 shall be deleted.
Article 8. The Reformatory Law (Law No.169 of 1948) shall be partially amended as follows:
Art.22 par.2 shall be deleted.
Article 9. The Juvenile Protection Office Order (Cabinet Order No.196 of 1948) shall be abolished.
Article 10. In regard to the persons who are the officials in the Juvenile Protection Office at the time of the enforcement of this Law (including those temporarily off from the offices), both the judges of Juvenile Protection Offices and juvenile protection officers shall be deemed to have been appointed to the juvenile supervision officers, and the clerks of Juvenile Protection Offices deemed to have been appointed to the secretaries of the Attorney-General's Office with the same grade and with the same amount of salary as before (those who are temporarily off from the offices still remain as they are), in case no official appointment is pronounced as otherwise.
2 The appointment made under the preceding paragraph shall be of temporary effect and shall lose its validity not later than August 31, 1949.
Article 11. The Law concerning the Salary and Other Compensations for National Public Service Personnel in the Special Government Service (Law No.268 of 1948) shall be partially amended as follows:
The following one item shall be added next to item (13)-3:Art.1,
(13)-4. The commissioners of the National Offenders Prevention and Rehabilitation Commission.
In par.1 of Art.2 and Art.7, "item (13)-3" shall be amended as "item (13)-4."
In the Annexed Table, "Commissioner of National Election Management Commission" shall be amended as
"Commissioner of National Management Commission,
Commissioner of National Offenders Prevention and Rehabilitation Commission."
Supplementary Provision:
This Law shall come into force as from the day (July 1, 1949) on which the OPAR Law (Law No.142 of 1949) comes into effect.
Minister of Finance IKEDA Hayato
Attorney-General UEDA Shunkichi
Prime Minister YOSHIDA Shigeru