107TH INTERNATIONALUNAFEI PAPER TRAINING COURSE UNAFEI PAPER THE CRIMINAL JUSTICE SYSTEM IN JAPAN: PROSECUTION I. PUBLIC PROSECUTORS B. Recruitment After completing such training, trainees A. Qualification can become a private attorney, a judge or a In Japan, a private attorney, a judge and public prosecutor. Roughly speaking, more a public prosecutor have quite the same than 500 trainees become private qualifications. There are other different attorneys, about 100 trainees become qualifications1, but they are so exceptional judges and about 40 to 80 trainees become and rare that only the important ones will public prosecutors annually. The possible be focused upon. reasons for the smallest number include To become a Japanese legal practitioner, the toughness of the work and frequent one must pass the National Bar transfers. If a judge or a public prosecutor Examination, which is one of the most quits his job, he can become a private difficult examinations. About 700 attorney, and most of them do so. At candidates (about three percent those who present, there are about 2,100 judges, 1,100 take the examination) pass each year. The public prosecutors and 16,000 private average age of successful candidates is attorneys in Japan. Similarly, a private about 28 years old. Since most candidates attorney also can become a judge or a public graduate from a university at the age of 22 prosecutor. However the number of such or so, most of the candidates study under judges or public prosecutors is quite small2. the financial support by their parents for several years. C. Organization and Training After passing the Examination, they In Japan, the prosecution system must take a two-year training course as comprises the Supreme Public Prosecutors legal trainees at the Legal Research and Office (headed by the Prosecutor-General), Training Institute of the Supreme Court. 8 High Public Prosecutors Offices (headed Legal trainees are government officials by a Superintending Prosecutor), 50 paid by the Supreme Court. The training District Public Prosecutors Offices (headed period consists of two phases: by a Chief Prosecutor) and 203 branches, (1) academic training at the Institute for and 438 Local Public Prosecutors Offices the first four months and the last four (consisting mainly of Assistant Public months; and Prosecutors3). (2) sixteen months of practical training. Regarding the size of district public Each trainee is dispatched to a prosecutors offices, the average office has certain prefectural district court, 10 public prosecutors. The smallest one public prosecutors office and private has only 5 public prosecutors, and the law office. largest one has more than 200 public This practical training enables the prosecutors. Each office has a Chief and a trainees to choose their future careers based on a comparison of each role. 2 In the last eight years, only 30 private lawyers have become subsequently judges. Only six professors 1 See, e.g., the Court Organization Law, Articles 41, or assistant professors in legal science in 42 and 44 (CJLJ p. 23), and the Public Prosecutors universities have become judges since 1969 other Office Law (hereinafter PPOL), Article 18. than Supreme Court Justices. 39 RESOURCE MATERIAL SERIES No. 53 Deputy Chief Prosecutor, who do not 1. Course for Third- and Fourth- investigate and handle trials, but rather, Year Public Prosecutors focus on supervisory and administrative The number of participants is limited to matters. Thus, for example, in the smallest approximately 40 at one time. It is office, only three public prosecutors conducted twice a year for a duration of actually investigate and prosecute cases. seven days each time. The purpose of this In small offices, the public prosecutor who course is to develop the expertise of public investigates and indicts a suspect, is the prosecutors who deal with general criminal same person who handles the trial. In cases. It consists of lectures and contrast, in large offices, two different discussions. The lectures are given by public prosecutors carry out these duties, experts in various fields, including senior working in either the Investigation public prosecutors, on fundamental Department (usually called “Criminal knowledge and skills necessary to perform Affairs Department”) or the Trial better as a public prosecutor, including Department. bookkeeping and accounting. Discussions First-year public prosecutors used to are based on real cases to find out how they work at one of the largest offices such as should deal with them for better Tokyo, Osaka or Sapporo for only one year. disposition. Since two years ago, they undergo a two- month training all together at the Research 2. Course for Eighth- and Ninth- and Training Institute of the Ministry of Year Public Prosecutors Justice. Afterwards, they are assigned to The number of participants is limited to a relatively large-sized public prosecutors approximately 40 at one time. It is office, other than the Tokyo office, for 10 conducted twice a year for a duration of two months. Then they are transferred every weeks each time. The purpose of this course two or three years. In their first ten years is to provide special expertise in the as public prosecutors, most of them work investigation and disposition of cases of tax at various sized offices. evasion, bribery, crimes related to public During their career, public prosecutors security, and various other complex receive three kinds of job-related training economic crimes. It also consists of lectures at the Research and Training Institute of by experts and senior public prosecutors, the Ministry of Justice, in addition to the and discussions based on relevant cases. first-year training described above. 3. Course for Twelfth- and Thirteenth-Year Public Prosecutors The number of participants is limited approximately 15 at one time. It is conducted once a year for a duration of one week. The purpose of the course is different 3 The number of assistant public prosecutors is about from the other courses. Considering that 900. Their qualification is different from public the participants are relatively senior and prosecutors’. They have to pass a special experienced, and that they are expected to examination conducted by the Ministry of Justice occupy a status in the hierarchical after working in a criminal justice agency for a structure of public prosecutors offices in certain period. See PPOL Article 18, paragraph 2. which they will be required to give advice They deal with mainly misdemeanors like theft and to junior staff members, the purposes of the traffic offenses. course are limited to administrative ones, 40 107TH INTERNATIONAL TRAINING COURSE UNAFEI PAPER such as developing knowledge and skills jeopardized. To harmonize these about personnel management and the requirements, Article 14 of the Public administration of the organization. It Prosecutors Office Law provides that “[the] consists of lectures by various individuals Minister of Justice may control and and discussions based on practical cases supervise public prosecutors generally7 in involving personnel or administrative regard to their functions.... However, in matters. regard to the investigation and disposition of individual cases, he may control only the D. Status (Independence and Prosecutor-General.8” The Minister of Impartiality) Justice cannot control an individual public Public prosecutors have a status prosecutor directly. equivalent to that of judges. They receive In addition, many public prosecutors are equal salaries according to the length of the assigned to key positions in the Ministry term in office. Their independence and of Justice, for example, as Vice-Minister of impartiality are also protected by law. Justice and Director-General of the They are thought to be impartial Criminal Affairs Bureau. representatives of the public interest. Aside from disciplinary proceedings, they E. Functions and Jurisdiction cannot be dismissed from office, suspended The different levels of public prosecutors from the performance of their duties or offices correspond to a comparable level in suffer a reduction in salary against their the courts. Consequently public will, with some exceptions.4 prosecutors exercise such functions such as Prosecutorial functions are part of the investigation, instituting prosecution, executive power vested in the Cabinet5, and requesting the proper application of law by the Cabinet is responsible to the Diet in courts, supervising the execution of their exercise.6 The Minister of Justice judgement and others which fall under should have the power to supervise public their jurisdiction (PPOL articles 4 to 6). prosecutors to complete his responsibility When it is necessary for the purpose of as a member of the Cabinet. However, investigation, they can carry out their prosecutorial functions have a quasi- duties outside their jurisdiction (CCP judicial nature, inevitably exerting an article 195). important influence on all sectors of criminal justice, including the judiciary and the police. If the functions were controlled by political influence, then the whole 7 “Generally” means, for example, to set up general criminal justice system would be guidance for crime prevention, the administrative interpretation of laws and how to dispose of affairs related to prosecution to maintain their uniformity. 4 See PPOL Article 25. Exceptions are stipulated in 8 This control was practiced only once in 1954. When Articles 22 (retirement), 23 (physical or mental public prosecutors investigated a big bribery case disability, etc.) and 24 (supernumerary official). The involving several high-ranking politicians and tried age of retirement is 63, except the Prosecutor- to arrest the Secretary-General of the majority General who retires at 65. party, the Minister of Justice, who belonged to the 5 The Cabinet consists of the Prime Minister and the same party, ordered the Prosecutor-General to avoid Ministers of State. Not less than half of the the arrest, effectively terminating the investigation. Ministers must be chosen from among the members However, since it produced severe criticism from of the Diet (Constitution, Articles 66 and 68).