Revised on December 1, 2007

Article 1 Objectives

The objective of these guidelines is, by notifying victims of crime and other persons involved in criminal cases of matters such as how a crime will be dealt with, the date of trial and its results, to contribute to the understanding of crime victims and the Japanese people, and to also contribute towards a fair criminal justice and its smooth operation.

Article 2 Recipients of notifications

The following persons may be recipients of notifications:

• (1) Victims of crime, their families and other similar parties (hereinafter referred to as “victims and others”)
• (2) Witnesses and others giving testimony at trials (hereinafter referred to as “witnesses and others”)

Article 3 Contents of notifications

The contents of notifications are as follows:

• (1) How a particular offense has been dealt with: whether a trial or summary judgment has been requested, whether a decision not to prosecute has been made, whether proceedings have been halted, whether the case has been transferred (excluding cases where the transfer has been made within the same district as the originating Public Prosecutors Office and the transfer has been made wholly for the purposes of implementing a demand for a trial or summary judgment request), whether the case has been referred to a Family Court and the date the case was dealt with.
• (2) Fixed day for public trial: the courthouse where the trial will take place and the date of trial
• (3) The results of criminal proceedings: the text of the decision (excluding additional punishments, inclusion of detention on remand, imprisonment in lieu of fine, and being made to bear the cost of prosecution), the trial date, the judgment, and whether there will be an appeal or not
• (4) The substance of the facts of the indictment, the text of the decision not to prosecute, the substance of the reasons not to prosecute, the offenders custody situation (such as whether the offender is in custody or is on bail) and also the trial’s progress and matters similar to those specified in Subsections (1) to (3) above.
• (5) The matters concerning the convicted perpetrator
  • a. Scheduled end of imprisonment with or without work, matters concerning treatment of the perpetrator in prison, matters concerning parole or release, etc.
  • b. Matters concerning revocation of suspension of execution of sentence of imprisonment with or without work
  • c. Matters concerning provisional release of penal detainees or workhouse detainees, or release on completion of the sentence, etc
• (6) The matters equivalent to those listed in Subsection (5).

Article 4 Operation of notifications to victims and others or to their legal representatives

• 1 When a public prosecutor or a public prosecutor’s assistant officer (hereinafter referred to as “public prosecutor or other”) interviews a victim or others, he or she will verify whether or not notifications are desired, and shall notify the person desiring notifications of matters described in Subsections (1) to (3) of Article 3.
• 2 Where the victim of the offense is deceased, or in the case of a similarly serious offense, the public prosecutor or other shall verify with the victim or others whether or not notifications are desired, even though no interview of a victim or others has taken place, and shall notify the person desiring notifications of matters described in Subsections (1) to (3) of Article 3. However, where it would be difficult to verify whether notifications are required, such verification is not necessary.
• 3 Where inquiries are made by victims and others or their legal representatives, they can be notified of matters in Subsections (1) to (3) of Article 3.
• 4 Where victims and others or their legal representatives require special notifications of matters in Subsections (4) or (6) of Article 3, such notifications may be made to such persons.
• 5 Notifications of matters listed in Subsection (5) of Article 3 shall be based on the Ministry of Justice Notice Keiso No. 1576 (dated November 22, 2007) issued by the Director General of the Criminal Affairs Bureau, the Director General of the Correction Bureau, and the Director General of the Rehabilitation Bureau (“Notifications to Victims on Treatment of Perpetrators;” hereinafter referred to as the “2007 Notice No. 1576”).
• 6 Where circumstances are not in line with the objectives specified in Article 1, or where giving notifications is not appropriate, neither verification of whether notifications are required nor notifications themselves will take place.

Article 5 Implementation of notifications for witnesses and others

• 1 When the public prosecutor or other examines witnesses or others, he or she will, if it would be appropriate considering the objectives specified in Article 1 and other factors, verify whether notifications are required, and shall notify the person desiring notifications of matters described in Subsections (1) to (3) of Article 3.
• 2 Where inquiries are made by witnesses and others, if it would be appropriate considering the objectives specified in Article 1 and other factors, they can be notified of matters in Subsections (1) to (3) of Article 3.
• 3 Where witnesses and others require special notifications of matters listed in Subsection (4) or Subsection (5), a. of Article 3 (excluding matters concerning treatment of the perpetrator in prison; the same shall apply hereinafter), if it would be appropriate considering the objectives specified in Article 1 and other factors, such notifications may be made to such persons. However, the substance of the reasons not to prosecute cannot be so notified.
  Notifications of matters listed in Subsection (5), a. of Article 3 shall be based on the 2007 Notice No. 1576.

Article 6 Methods of notification

Notifications can be made orally, in writing, or by other appropriate methods.

Article 7 Circumstances where it is not required to give notifications

Where giving notifications would be problematic it is not required to give them.

Article 8 Transfer

• 1 Where the handling of a case is transferred to another Public Prosecutors Office, the responsibility of operating the system described here is also transferred to that Public Prosecutors Office.
• 2 Where a case is under appeal, the responsibility of operating the system described here is transferred to the Public Prosecutors Office dealing with the appeal.

Article 9 Detailed administrative regulations

The head of a Public Prosecutors Office (for Local Public Prosecutors Offices, the chief public prosecutor of the District Public Prosecutors Office which has jurisdiction over the court corresponding with the Local Public Prosecutors Office) should set detailed administrative rules for necessary matters regarding the implementation of these guidelines.