Law for Partial Amendments to the Juvenile Law
法令番号: 法律第98号
公布年月日: 昭和25年4月15日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Juvenile Law.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the fourth month of the twenty-fifth year of Showa (April 15, 1950)
Prime Minister YOSHIDA Shigeru
Law No.98
Law for Partial Amendments to the Juvenile Law
The Juvenile Law (Law No.168 of 1948) shall be partially amended as follows:
"Juvenile Detention Home" shall be amended as "Juvenile Detention and Classification Home" .
In Article 9, ", especially the result of classification conducted by the Juvenile Detention and Classification Home," shall be added after "technical knowledge" .
In Article 13 paragraph 2, "Rehabilitation Worker" shall be amended as "Court Clerk" .
The following one paragraph shall be added in Article 19:
2 When it is disclosed as the result of the investigation that the subject person is 20 years of age or over, the Family Court shall transfer the case by means of a ruling to a public procurator of the Public Procurators'Office corresponding to the competent District Court, regardless of the provision of the preceding paragraph.
The following one paragraph shall be added in Article 23:
3 The provision of Article 19 paragraph 2 shall apply mutatis mutandis to the case where it is disclosed as the result of the trial of the Family Court that the subject person is 20 years of age or over.
In Article 25 paragraph 1, "preceding Article" shall be amended as "Article 24" .
In Article 26 paragraph 1, "Instructor of the Attorney-General's Office, National Rural Police Official, Municipal Police Official, Supervison Officer, Rehabilitation Worker, Child Welfare Official or Child Welfare Commissioner" shall be amended as "Court Clerk, Secretary of the Attorney-General's Office, Instructor of the Attorney-General's Office, National Rural Police Official, Municipal Police Official, Supervision Officer, or Child Welfare Official" .
Paragraph 4 of Article 26 shall be made paragraph 5, and in the same paragraph, "preceding paragraph" shall be amended as "preceding two paragraphs" , and the following one paragraph shall be added next to paragraph 3 of the same Article:
4 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 warrant of arrest to the juvenile regardless of the provision of the preceding paragraph.
The following one Article shall be added next to Article 26-(2):
(Temporary Commitment in the Case of Execution of Warrant of Arrest)
Article 26-(3). In the case of executing a warrant of arrest under paragraph 3 or paragraph 4 of Article 26 to a juvenile decided to be subject to the ruling under item (3) of paragraph 1 of Article 24, he may, if it is necessary, be temporarily committed to the nearest Juvenile Detention and Classification Home.
In Article 27 paragraph 1 and paragrapn 2, "by means of a ruling," shall be added after "may" .
The following one Article shall be added next to Article 27:
(Revocation of Protective Disposition)
Article 27-(2). When, in the course of execution of protective disposition, the Family Court which has given the protective disposition to an individual has newly disclosed the data clear enough to prove that it had no authority of trial over him or her or it gave such disposition to a juvenile under 14 years of age notwithstanding that he or she had not been referred to the Court by the governor of To, Do, Fu, or prefecture or the Head of Child Welfare Station, it shall, by means of a ruling, revoke such a protective disposition.
2 When the District Youth Offenders Prevention and Rehabilitation Commission or the chief of a Home for Juvenile Training and Education or Protective Institution or the superintendent of a reformatory has discovered the data enough to suspect the existence of the cause under the preceding paragraph in regard to the juvenile who is under protective disposition, it shall notify the Family Court which has given the protective disposition to that effect.
3 The provisions of Article 18 paragraph 1 and Article 19 paragraph 2 shall apply mutatis mutandis to the case where the Family Court has revoked the protective disposition in accordance with the provision of paragraph 1.
4 In case the Family Court has revoked the protective disposition given to a juvenile being committed to a reformatory in accordance with the provision of paragraph 1, it may, when deemed necessary, continue to have him stay in the reformatory, by means of a ruling;provided, however, that the period of stay shall not exceed three days.
The following one Article shall be added next to Article 30:
Article 30-(2). The Family Court may, in case it has caused a Rehabilitation Worker or a Child Welfare Commissioner to render help to investigation and supervision in accordance with the provision of Article 16 paragraph 1, pay a part or the whole of the expenses therefor in accordance with what may be provided for by the Supreme Court.
The following one Article shall be added next to Article 45:
Article 45-(2). The provisions of items (1) to (4) inclusive of the preceding Article shall apply mutatis mutandis to the case where the Family Court has transferred a case to a public procurator in accordance with the provision of Article 19 paragraph 2 or Article 23 paragraph 3.
The following proviso shall be added to Article 46:
;Provided, however, that the same shall not apply to the case where the protective disposition has been revoked in accordance with the provision of Article 27-(2).
Supplementary Provision:
This Law shall come into force as from the day of its promulgation.
Attorney-General UEDA Shunkichi
Prime Minister YOSHIDA Shigeru