The Public Prosecutors Office (検察庁, Kensatsu-chō)[3] is the agency for conducting prosecution in Japan. It is an extraordinary organ (特別の機関, Tokubetsu no Kikan) under the Ministry of Justice (法務省, Hōmu-shō).[4] 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).[5]
History
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In 1872, Japan introduced a modern prosecution system following the French system.[6] The 1880 Act provided that public prosecutors had exclusive power of prosecution and it was enforced in 1882.[6] However, the then system adopted preliminary hearings and collection of evidence was placed on pretrial judges.[6] The prosecution department was attached to the courts in 1890.[6]
After the World War II, Japan enacted the new Constitution in 1946, which stipulates the principle of separation of powers, and thus, the prosecution department needed to be separated from the courts.[6] The Public Prosecutor's Office Act (検察庁法, Kensatsu-chō Hō), which established the current prosecution organisations, was enforced on the same day as the new Constitution, 3 May1947.[1]
People
Prosecutors
The law provides that the Public Prosecutors Office is where the work of public prosecutors (検察官, Kensatsu-kan) is unified.[7] It lays down five ranks of public prosecutors: the Prosecutor-General, the Deputy Prosecutor-General, the Superintending Prosecutors, Public Prosecutors and Assistant Prosecutors.[8]
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.[9]
Prosecutor-General, Deputy Prosecutor-General and Superintending Prosecutors
The Prosecutor-General (検事総長, Kenji Sōchō) heads the Supreme Public Prosecutors Office.[10] The Deputy Prosecutor-General (次長検事, Jichō Kenji) belongs to the Supreme Public Prosecutors Office and assists the Prosecutor-General.[11] The Prosecutor-General supervises all the staff of the Public Prosecutors Office. Although the Minister of Justice may give general directions on criminal investigation and trial to prosecutors, the Minister can direct only the Prosecutor-General regarding a specific case.[12]
The Superintending Prosecutors (検事長, Kenji-chō) head the High Public Prosecutors Offices and supervise the staff within the jurisdiction.[13]
The appointment and removal of these offices (10 prosecutors) are decided by the Cabinet and attested by the Emperor.[14]
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.[15]
Public Prosecutors
Public Prosecutors (検事, Kenji) are assigned to one of the Public Prosecutors Offices and engaged in prosecution. They have the power to investigate any crimes,[16] as well as issue orders to the police about specific investigations.[17] Also, they have the authority to prosecute criminal cases.[18] 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.[19] 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.[20]
Public Prosecutors are usually appointed from those who have passed the bar exam (司法試験, Shihō Shiken) and finished the legal apprenticeship (司法修習, Shihō Shūshū).[21][22] As of 1 July 2019[update], 1,788 Public Prosecutors work for the Public Prosecutors Office, while 153 are posted to other ministries or agencies.[23]
Each District Public Prosecutors Office is headed by a Chief Prosecutor (検事正, Kenji-sei) assigned among experienced Public Prosecutors.[24]
Assistant Prosecutors
Assistant Prosecutors (副検事, Fuku-Kenji) are assigned to one of the Local Public Prosecutors Offices.[25] 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.[26][27] As of 1 July 2019[update], 770 Assistant Prosecutors work for the Public Prosecutors Office.[23]
Assistant Officers
There are more than 9,000 Prosecutors' Assistant Officers (検察事務官, Kensatsu Jimu-kan) in the Public Prosecutors Office.[2] They assist public prosecutors in conducting investigations and trials, and also carry out investigations themselves under public prosecutors' direction.[28][29] 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.[30]
Organisation
Supreme Public Prosecutors Office
The Supreme Public Prosecutors Office (最高検察庁, Saikō Kensatsu-chō, abbr. as 最高検 Saikōken) is located in Tokyo.[31] It is the counterpart of the Supreme Court. It deals with criminal cases in which the High Courts' judgements have been appealed to the Supreme Court.
Director-General, Immigration Bureau, Ministry of Justice
High Public Prosecutors Offices
Tokyo
Osaka
Nagoya
Hiroshima
Fukuoka
Sendai
Sapporo
Takamatsu
Locations of High Public Prosecutors Offices
Public Prosecutors Offices building in Osaka
The High Public Prosecutors Offices (高等検察庁, Kōtō Kensatsu-chō, abbr. as 高検 Kōken) are located in 8 major cities in Japan: Tokyo, Osaka, Nagoya, Hiroshima, Fukuoka, Sendai, Sapporo and Takamatsu. 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.[35]
Special Investigation Dept. building in TokyoPublic Prosecutors Offices building in KanazawaPublic Prosecutors Offices building in Nagasaki
The District Public Prosecutors Offices (地方検察庁, Chihō Kensatsu-chō, abbr. as 地検 Chiken) are located in all the prefectural capitals (47) and 3 large cities in Hokkaido 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.[36] Some large District Public Prosecutors Offices have a dedicated investigation department (the Special Investigation Department (特別捜査部, Tokubetsu Sōsa-bu, abbr. as 特捜部 Tokusō-bu) or the Special Criminal Department (特別刑事部, Tokubetsu Keiji-bu)) for serious cases. In particular, many well-known cases are prosecuted by the Special Investigation Department of the Tokyo District Public Prosecutors Office (東京地方検察庁特別捜査部, Tōkyō Chihō Kensatsu-chō Tokubetsu Sōsa-bu, known as 東京地検特捜部 Tōkyō Chiken Tokusō-bu).[37]
List of District Public Prosecutors Offices[32][34]
The Local Public Prosecutors Offices (区検察庁, Ku Kensatsu-chō, abbr. as 区検 Kuken) deal with criminal investigations and trials of less serious offences. There are 438 offices throughout the country.[5] Their locations correspond to those of the Local Courts.
^"検察官はどのように起訴・不起訴を決めるのですか？" [How does a prosecutor decide whether to prosecute a case or not?] (in Japanese). Public Prosecutors Office. Retrieved 20 February 2020.
^ abc"各検察庁の所在地等一覧" [List of Locations of Public Prosecutors Offices] (in Japanese). Public Prosecutors Office. Retrieved 13 February 2020.
^"最高検察庁幹部一覧" [List of Executives of the Supreme Public Prosecutors Office] (PDF) (in Japanese). Public Prosecutors Office. Archived from the original(PDF) on 13 February 2020. Retrieved 13 February 2020.
^ abc"法曹界人事" [Personnel Affairs of Legal Circles]. Westlaw Japan (in Japanese). 4 October 2019. Retrieved 20 April 2020.
^"逃亡犯罪人引渡法第五条" [Act of Extradition, Art. 5]. e-gov.go.jp (in Japanese). Retrieved 14 February 2020.
^"刑事事件の手続について" [Procedure of Criminal Cases] (in Japanese). Public Prosecutors Office. Retrieved 14 February 2020.
^Saito, Katsuhisa (31 January 2020). "17年ぶりの政界汚職捜査を進める東京地検特捜部：「最強の捜査機関」の歴史" [Special Investigation Dept. of the Tokyo Dist. Public Prosecutors Office investigating a bribery scandal for the first time in 17 years: History of the "Strongest Investigative Authority"]. nippon.com. Retrieved 14 February 2020.
