Disclosure of Non-prosecution Case Records

　What is the “Crime of Preparation of Acts of Terrorism and Other Organized Crimes”?
　This will explain it in an easy-to-understand way for those who would like to know more.

 　Recently, crime victims have been demanding to know the details of the cases against the people who harmed them. Criminal justice authorities have endeavored to respond to such demands to ensure more profound protection of victims etc. In addition to the conventional guidelines, guidelines were issued in relation to records of non-prosecution decisions in cases with victim participation (hereinafter referred to as the “victim participation cases”) prescribed in Article 316, clause 33 in the Criminal Procedure Code. On November 19th, 2008, public prosecutors’ offices across the country were notified that even for cases in which victims, etc. have the purpose of "learning about the contents of the case", it was thought to be appropriate to aim for more flexible responses, which, in principle, allow victims to view objective evidence. The guidelines were scheduled for implementation on December 1st of the same year.
　The following is an overview of the overall policy on the disclosure of non-prosecution records, including the sections to which the old guidelines apply.The following is an overview of the overall policy on the disclosure of non-prosecution records, including the sections to which the old guidelines apply.

1.    When there is a request for viewing records in victim participation cases
 (1) Subject matter of viewing requests
For victim participation cases, related to:
A. crimes in which a person was killed or injured through a deliberate criminal act
B. crimes covered in Articles 176 to 178, Articles 211, 220 or 224 to 227 of the Penal Code
C. in addition to crimes listed in B, crimes that include the criminal acts of these crimes in their criminal acts (except for the crimes listed in A.)
D. attempts to commit crimes listed under clauses from A to C
 in relation to victims or their legal representatives or lawyers who act on behalf of the victims, viewing records is allowed when following the criteria in paragraph (2) below.
In addition, in cases in which the victim died or there is serious mental and physical harm to the victim, the victim’s spouse, immediate relatives or siblings are allowed to view records when following the criteria in paragraph (2) below.
 (2) Purpose of viewing
Previously, non-prosecution records were only allowed to be viewed in connection with civil lawsuits etc. This practice allowed victims to exercise their right to demand compensation for damages and to execute their other rights in order to recover from the damage; currently, however, people in victim participation cases described in paragraph (1) above may also review non-prosecution records for purposes of "learning case contents" etc.
 (3) Considerations of the honor of the persons concerned
A. If non-prosecution records contain evidence concerning the honor, privacy, etc. of the parties concerned,
B. if they may have a specific influence on investigation or trial of the relevant case,
C. if there is a possibility that their viewing will cause trouble in conducting investigations or trials for criminal cases in the future,
then the viewing of records will not be allowed, or sensitive information will be redacted.
 (4) Non-prosecution records which are subject to viewing
Regarding the objective evidence such as spot investigation reports and photography reports, in principle, regardless of the presence or absence of its replaceability, it is permitted to view them it unless deemed inappropriate.
 
*These new policies are also described on page 21 of “For Crime Victims,” a brochure published by the Ministry of Justice.

2.    When there is a request for viewing or photocopying in relation to cases other than victim participation cases
 (1) Subject matter of viewing or photocopying requests
 (A) In relation to victims, their legal representatives or lawyers in cases other than victim participation cases, viewing or photocopying is allowed when following the criteria in paragraph (2) below. Regarding the scope of relatives of the victim allowed to view and copy records, it is the same as in paragraph 1 (1) above.
 (B) Even if the request for viewing or photocopying is made by a person other than the victim etc., viewing and photocopying is allowed when deemed appropriate (for example, if the perpetrator wants to view or photocopy records in order to determine whether there are reasons to reduce compensation for damages etc. since there are many cases in which it contributes to fair recovery of damages).
In addition, documents related to non-prosecution records sent from civil courts in response to inquiries from the General Insurance RatingOrganization of Japan, The Japan Center for Settlement of Traffic Accident Disputes, The National Mutual Insurance Federation of Agricultural Cooperatives, and Compulsory and Cooperative Insurance Dispute Settlement Organization should be treated in the same way as when responding to sending of objective evidence.
The same applies to victim participation cases described above in paragraph 1 (1) with respect to responding to requests for viewing and photocopying made by persons other than the victim etc.
(2) Purpose of viewing
Viewing is allowed when its purpose is exercising the right to claim damages etc. in civil lawsuits etc.
(3) Considerations of the honor of the persons concerned
See paragraph 1 (3) above.
(4) Non-prosecution records which are subject to viewing
Objective evidence that is irreplaceable and for which establishing proof is deemed to be difficult without such evidence is subject to viewing and copying. Objective evidence that is not deemed to be irreplaceable is allowed to be viewed and photocopied when the necessity is recognized and there is little adverse effect.

1.           Disclosure of objective evidence in non-prosecution records
If the necessity mentioned in preceding 1, 2, (4) is recognized, objective evidence will be sent.
2.   Disclosure of oral statements in non-prosecution records
Oral statements are disclosed if all of the following requirements are met.
(1) When a civil court requests the sending of documents related to oral statements of specified people in non-prosecution records.
(2) When the content of the oral statement is related to an important issue that directly affects the conclusion of a civil lawsuit, and it is indispensable because it is the only evidence of the issue.
(3) When the deponent is unable to give their statement in a civil lawsuit due to death, unavailability, mental or physical disabilities or severe memory loss, or when the content of the oral statementsubstantially differs with the content of the deponent’s testimony in civil court.
(4) When there is no possibility of specific damage to the investigation or trial or to the life and safety of the parties by disclosing the oral statement, and it is believed there will be no damage to the honor and privacy of the parties.
3.   Provision of information for identifying witnesses
If all of the following requirements are met, the name and contact information included in information regarding identifying witnesses in criminal cases will be given to the civil court.
(1) When a civil court requests a search of information for identifying witnesses.
(2) When a witness's testimony is related to an important issue that directly affects the conclusion of a civil lawsuit, and it is indispensable because it is the only evidence of the issue.
(3) When information for identifying witnesses is not known to the civil court and the parties.
(4) When there is no possibility of specific damage to the investigation or trial or to the life and safety of the parties by disclosing the oral statement, and it is believed there will be no damage to the honor and privacy of the parties.