I hereby promulgate the Law for Partial Amendments to the Juvenile Law.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the sixth month of the twenty-fourth year of Showa (June 15, 1949)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Juvenile Law
The Juvenile Law (Law No.168 of 1948) shall be partially amended as follows:
"Supervision Officer (Kansatsu-kan)" shall be amended as "Supervision Officer (Hogo-kansatsu-kan)," and "Rehabilitation Commissioner" shall be amended as "Rehabilitation Worker."
Article 3 shall be amended as follows:
(Juveniles committable for Trial)
Article 3. The Family Court shall have jurisdiction over the following juveniles:
(1) Any juvenile who is alleged to have committed a crime;
(2) Any juvenile under 14 years of age who is alleged to have violated any criminal law or ordinance;
(3) Any juvenile of whom there is apprehension that he may commit a crime or violate a criminal law or ordinance in view of his character or surrounding circumstances, because of the existence of the following reasons:
(a) He habituallv refuses to submit himself to the reasonable control of his guardian;
(b) He repeatedly deserts his home without due reason;
(c) He associates with persons of criminal tendency or immoral nature, or frequents any obscene place;
(d) He habitually acts so as to injure or endanger his own morals or those of others.
2 The Family Court may bring to trial a juvenile who comes under item (2) of the preceding paragraph, or a juvenile less than 14 years who comes under item (3) of the preceding paragraph, only when the Governor of To, Do, Fu or prefecture or Head of the Child Welfare Station transfers him to the court.
The following two paragraphs shall be added to Article 6:
2 Juveniles referred to in par.1 item (3) of Art.3 may be notified directly to the Child Welfare Station, if a National Rural Police Official, Municipal Police Official, or guardian believes that disposition prescribed by the Child Welfare Law (Law No.164 of 1947) will be more advisable than immediate reference or notification to the Family Court.
3 In those exceptional cases where the Governor of To, Do, Fu or prefecture or Head of the Child Welfare Station deems it necessary to take such compulsory measures, toward a juvenile to whom the Child Welfare Law is applicable, as restricting the freedom of movement of such juvenile or depriving him of liberty, such juvenile shall be referred to the Family Court for trial, except in the case within the scope of measures under Article 33 or 47 of the said Law.
In par.1 of Article 11, "or trial" shall be added next to "investigation of a case."
In Article 18, "(Law No.164 of 1947)" and the proviso shall be deleted, and the following one paragraph shall be added to the said Article:
2 In regard to the juvenile transferred from the Governor of To, Do, Fu or prefecture or Head of Child Welfare Station in accordance with the provision of par.3 of Art.6, the Family Court may remand such juvenile by means of a ruling to the competent Governor of To, Do, Fu or prefecture or Head of Child Welfare Station with instructions as to the type of care and other measures to be taken for him within a specified period.
In par.2 of Article 23, "sees no need" shall be amended as "finds it impossible or unnecessary."
In Art.24 par.1 item (1), "supervision (Kansatsu)" shall be amended as "supervision (Hogokansatsu)."
The following Article shall ba added next to Article 24:
(Sequestration)
Article 24-(2). In case a Family Court makes decision mentioned in Art.18, Art.19, par.2 of Art.23 or par.1 of the preceding Article as regards juveniles mentioned in par.1, item (1) or (2) of Art.3, it may, by means of a ruling, sequestrate the articles listed below:
(1) Articles which have constituted an alleged criminal act;
(2) Articles which have been served to an alleged criminal act, or which were attempted to be served in committing such act;
(3) Articles originating from or acquired by means of an alleged criminal act, or articles acquired as a remuneration of an alleged criminal act;
(4) Articles received in exchange for the articles mentioned in the preceding item.
2 Articles may be sequestrated only if they do not belong to persons other than the offenders. How ever if, after the committal of the act violating criminal law or ordinance, persons other than the offender have taken possession of any of the articles being aware of them as such, they may be sequestrated even if they belong to persons other than the offender.
In par.1 of Article 26, "Instructor of the Attorney-General's Office" shall be added next to "Juvenile Investigator."
The following article shall be added next to Article 26:
(To Continue the Consignment to Detention Home temporarily)
Article 26-(2). In case the Family Court makes decision mentioned in Arts.18 to 20 inclusive, par.2 of Art.23 or par.1 of Art.24 in regard to the case for which the measures as prescribed in par.1 item (2) of Art.17 have been taken, the Court may, if it considers necessary, continue the consignment of juvenile to the Juvenile Detention Home for a proper term by means of a ruling. However, such term shall not exceed 7 days.
In par.1 of Article 31, "or informants" shall be amended as "informants or those who were entrusted with guidance of juvenile."
In par.1, item (4) of Article 37, "or offences against par.2 of Art.62 relating to par.1 of Art.30 of the said Law" shall be added after "Offences against Art.60 of the Child Welfare Law," and the following one item shall be added next to item (4):
(5) Offences against Art.90 or 91 of the School Education Law (Law No.26 of 1947).
In par.1 of Article 47, "during the pendency of a case in a Family Court" shall be amended as "until the ruling of protective disposition becomes irrevocable."
Supplementary Provision:
This Law shall come into force as from the day of its promulgation.