The is the agency for conducting
prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
in Japan. It is an under the . It consists of four tiers of offices: the Supreme Public Prosecutors Office; the High Public Prosecutors Offices (8), the District Public Prosecutors Offices (50); and the Local Public Prosecutors Offices (438).
History
In
1872
Events
January–March
* January 12 – Yohannes IV is crowned Emperor of Ethiopia in Axum, the first ruler crowned in that city in over 500 years.
* February 2 – The government of the United Kingdom buys a number of forts on ...
, Japan introduced a modern prosecution system following the
French system.
The 1880 Act provided that public prosecutors had exclusive power of prosecution and it was enforced in 1882.
However, the then system adopted
preliminary hearing
Within some criminal justice, criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecuto ...
s and collection of evidence was placed on pretrial judges.
The prosecution department was attached to the courts in 1890.
After the
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, Japan enacted the new
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
in 1946, which stipulates the principle of
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
, and thus, the prosecution department needed to be separated from the courts.
The , which established the current prosecution organisations, was enforced on the same day as the new Constitution,
3 May 1947
It was the first year of the Cold War, which would last until 1991, ending with the dissolution of the Soviet Union.
Events
January
* January–February – Winter of 1946–47 in the United Kingdom: The worst snowfall in the country in ...
.
People
Prosecutors
The law provides that the Public Prosecutors Office is where the work of is unified. It lays down five ranks of public prosecutors: the Prosecutor-General, the Deputy Prosecutor-General, the Superintending Prosecutors, Public Prosecutors and Assistant Prosecutors.
The prosecutors' independence and impartiality are protected by law with some exceptions under Article 25 of the PPO, such as retirement age, physical/mental disability or supernumerary officials.
Prosecutor-General, Deputy Prosecutor-General and Superintending Prosecutors
The heads the Supreme Public Prosecutors Office. The belongs to the Supreme Public Prosecutors Office and assists the Prosecutor-General. The Prosecutor-General supervises all the staff of the Public Prosecutors Office. Although the
Minister of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
may give general directions on criminal investigation and trial to prosecutors, the Minister can direct only the Prosecutor-General regarding a specific case.
The head the High Public Prosecutors Offices and supervise the staff within the jurisdiction.
The appointment and removal of these offices (10 prosecutors) are decided by the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
and attested by the
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
.
[Art 15(1).]
The retirement age of the Prosecutor-General is 65, while that of all the other prosecutors is 63, including the Deputy Prosecutor-General and the Superintending Prosecutors.
Public Prosecutors
are assigned to one of the Public Prosecutors Offices and engaged in prosecution. They have the power to investigate any crimes, as well as issue orders to the police about specific investigations. Also, they have the authority to prosecute criminal cases. The Japanese law allows a public prosecutor not to prosecute a suspect when the prosecution is unnecessary due to the circumstances such as his/her age or the gravity of the offence. A suspect will be prosecuted if and only if it is obvious based on evidence that he/she has committed a crime in question and the prosecutor finds it necessary to prosecute him/her.
Public Prosecutors are usually appointed from those who have passed the and finished the . , 1,788 Public Prosecutors work for the Public Prosecutors Office, while 153 are posted to other ministries or agencies.
Each District Public Prosecutors Office is headed by a assigned among experienced Public Prosecutors.
Assistant Prosecutors
are assigned to one of the Local Public Prosecutors Offices. They have the same authority to investigate and prosecute crimes as Public Prosecutors, though they usually deal with less serious cases.
Assistant Prosecutors are appointed from those who were particular public officials such as prosecutors' assistant officers and police officers and have passed the exam to become assistant prosecutors. , 770 Assistant Prosecutors work for the Public Prosecutors Office.
Assistant Officers
There are more than 9,000 in the Public Prosecutors Office.
They assist public prosecutors in conducting investigations and trials, and also carry out investigations themselves under public prosecutors' direction. They assume a wide-ranging role in the Public Prosecutors Office, including work related to prosecution, such as safekeeping of evidence, and general affairs, such as accounts.
Organisation
Supreme Public Prosecutors Office
The is located in
Tokyo
Tokyo (; ja, 東京, , ), officially the Tokyo Metropolis ( ja, 東京都, label=none, ), is the capital and largest city of Japan. Formerly known as Edo, its metropolitan area () is the most populous in the world, with an estimated 37.468 ...
.
It is the counterpart of the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. It deals with criminal cases in which the High Courts' judgements have been appealed to the Supreme Court.
Location
* 1-1-1,
Kasumigaseki
Kasumigaseki (霞が関, 霞ヶ関 or 霞ケ関) is a district in Chiyoda Ward in Tokyo, Japan. It is the location of most of Japan's cabinet ministry offices. The name is often used as a metonym for the Japanese government bureaucracy, whi ...
,
Chiyoda, Tokyo
Structure
The SPPO is structured as of 2021:
* Secretariat
** General Affairs Department
** Inspection and Guidance Department
** Criminal Affairs Department
** Public Security Department
** Trial Department
Executives
, executives of the Supreme Public Prosecutors Office are as follows:
High Public Prosecutors Offices
The are located in 8 major cities in Japan: Tokyo,
Osaka
is a designated city in the Kansai region of Honshu in Japan. It is the capital of and most populous city in Osaka Prefecture, and the third most populous city in Japan, following Special wards of Tokyo and Yokohama. With a population of 2. ...
,
Nagoya
is the largest city in the Chūbu region, the fourth-most populous city and third most populous urban area in Japan, with a population of 2.3million in 2020. Located on the Pacific coast in central Honshu, it is the capital and the most pop ...
,
Hiroshima
is the capital of Hiroshima Prefecture in Japan. , the city had an estimated population of 1,199,391. The gross domestic product (GDP) in Greater Hiroshima, Hiroshima Urban Employment Area, was US$61.3 billion as of 2010. Kazumi Matsui h ...
,
Fukuoka
is the sixth-largest city in Japan, the second-largest port city after Yokohama, and the capital city of Fukuoka Prefecture, Japan. The city is built along the shores of Hakata Bay, and has been a center of international commerce since ancie ...
,
Sendai
is the capital Cities of Japan, city of Miyagi Prefecture, the largest city in the Tōhoku region. , the city had a population of 1,091,407 in 525,828 households, and is one of Japan's 20 Cities designated by government ordinance of Japan, desig ...
,
Sapporo
( ain, サッ・ポロ・ペッ, Satporopet, lit=Dry, Great River) is a city in Japan. It is the largest city north of Tokyo and the largest city on Hokkaido, the northernmost main island of the country. It ranks as the fifth most populous city ...
and
Takamatsu
270px, Takamatsu City Hall
270px, Aerial view of Takamatsu city center
270px, View from Yashima to Takashima port
is a city located in Kagawa Prefecture, Japan. , the city had an estimated population of 414,134 in 190120 households and a popul ...
. Some of the High Public Prosecutors Offices have their branches. These locations correspond to those of the High Courts and their branches.
The High Public Prosecutors Offices deal with criminal cases appealed to the High Courts. In addition, the Tokyo High Public Prosecutors Office is responsible for the detention of a fugitive for the purpose of extradition upon a request from a foreign country.
District Public Prosecutors Offices
The are located in all the
prefectural capitals (47) and 3 large cities in
Hokkaido
is Japan's second largest island and comprises the largest and northernmost prefecture, making up its own region. The Tsugaru Strait separates Hokkaidō from Honshu; the two islands are connected by the undersea railway Seikan Tunnel.
The la ...
besides Sapporo. Most of them have their branches. These locations correspond to those of the District and the Family Courts and their branches.
Public prosecutors in the District Public Prosecutors Offices carry out investigations and trials of criminal cases. Most cases are referred to prosecutors by the police and other organisations such as customs, but some serious and complex cases are investigated by public prosecutors on their own. Some large District Public Prosecutors Offices have a dedicated investigation department (the or the ) for serious cases. In particular, many well-known cases are prosecuted by the .
Local Public Prosecutors Offices
The deal with criminal investigations and trials of less serious offences. There are 438 offices throughout the country.
Their locations correspond to those of the Local Courts.
See also
*
Law of Japan
The law of Japan refers to legal system in Japan, which is primarily based on legal codes and statutes, with precedents also playing an important role. Japan has a civil law legal system with six legal codes, which were greatly influenced by Ger ...
*
Judicial system of Japan
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
*
Criminal justice system of Japan
Within the criminal justice system of Japan, there exist three basic features that characterize its operations. First, the institutions—police, government prosecutors' offices, courts, and correctional organs—maintain close and cooperative re ...
*
Lay judges in Japan A system for trial by jury was first introduced in 1923 under Prime Minister Katō Tomosaburō's administration. Although the system generated relatively high acquittal rates, it was rarely used, in part because it required defendants to give up th ...
*
Attorneys in Japan
In Japan, form the base of the country's legal community.
History
Pre-Meiji restoration
Historically, Japanese customs instituted an avoidance of legal involvement, based upon Confucian doctrines, and Japanese principles of harmony; anyone broug ...
References
External links
*
*
*
{{authority control
Government agencies of Japan
Extraordinary organs (Japan)
1947 establishments in Japan
Prosecution