Along with the reduction in the adult age, the Juvenile Law, which stipulates dispositions and procedures for cases where a "boy" under the age of 20 causes an incident, will be amended and will come into effect on April 1.
Revised juvenile law here will change
The Juvenile Law, which aims at the sound development of "boys", emphasizes recovery rather than punishment, and stipulates special procedures that are different from "adults" over the age of 20.
Under the revised law that will come into effect on April 1, adults 18 and 19 years old will be newly positioned as "specified boys" and will continue to be protected, while being 17 years old or younger as they will be in a responsible position in society. Are treated differently.
In the case of a "boy", he is sent to the family court after being investigated by the police and the prosecution, and the judge hears from him in a "private trial" instead of a "public trial" to recover. Determine the appropriate disposal.
The "specific boy" is also sent to the family court after being investigated by the police and the prosecution, but the case subject to the procedure of "returning" sent back to the prosecution from the family court has been expanded, and he has committed a certain amount of crime. In principle, you will be subject to the same trial as an adult.
Until now, the target was the crime of intentionally killing a person such as murder or injury, but for the "specific boy", the lower limit of the statutory sentence is one year or more, such as robbery, forced sexual intercourse, and arson. Is also applicable.
As a general rule, they are treated in the same way as those over the age of 20 in the trial, and the "irregular sentence" that is given with a wide range of sentences does not apply.
In addition, the Juvenile Law prohibits reporting information that can be presumed to be the person such as the boy's name so as not to hinder recovery, but if a "specific boy" is prosecuted, it is also possible to report the real name etc. Become.
On the other hand, there are voices concerned about the impact on the recovery of boys, and the revised law will be considered whether to review it five years later, taking into account changes in society and public awareness due to the reduction in the adult age.
Victim's bereaved family "In the wake of the crimes committed by the revised law"
Ms. Riko Take, who is the representative of an organization made up of victims of juvenile delinquency and bereaved families.
Takekazu's eldest son, Takakazu, died 26 years ago when he was in the first year of high school when he was beaten by boys from another high school at a school festival.
However, the juvenile law, which emphasizes recovery, did not tell who killed his son at the time, and the boy was not punished.
After that, he worked with the bereaved family who had similar feelings to revise the Juvenile Law and expand the rights of victims, and participated in the discussion on this revision of the law as a member of the Legislative Council.
There was no complaint that the target age of the Juvenile Law should be lowered in line with the reduction of the adult age, but 18 and 19 years old are positioned as "specific juveniles", the range of backhaul is expanded, and prosecution is filed. It is expected that it will be possible to report the real name etc. if it is done, "It will make you realize that if you are prosecuted, it will be the same as an adult, and it will also lead to deterrence of juvenile delinquency."
"The biggest suffering for the bereaved family is that the boy is not responsible and runs away. The revised law will give the boy a chance to face his sins," he said.
On the other hand, in response to voices concerned about the impact on recovery, "I think that society will accept if we can recover in the true sense. To that end, we will firmly teach the rigor of society and the importance of dealing with victims. It is necessary, "he said, and education such as juvenile training should be enhanced.
There are also concerns that "it may hinder recovery"
Some are concerned that the revision of the law may hinder the recovery of boys.
Seigo Yamamoto (26), a professional mixed martial arts fighter who has participated in domestic and international competitions, beat four people with his fellow runaway tribe at the age of 17 10 years ago and robbed him of about 10,000 yen in cash. He was arrested on suspicion of robbery and sent to a juvenile training school.
About that time, Mr. Yamamoto recalls, "I did it with a light feeling. There was an immature part where I could not understand what was bad and what was not bad."
Under the revised Juvenile Law, "specific juveniles" over the age of 18 are, in principle, sent back for robbery injuries, increasing the likelihood of serving in juvenile prisons rather than in juvenile training for recovery.
Mr. Yamamoto feels that he was able to recover due to the presence of supporters who can be consulted on a regular basis.
However, while not everyone will lead to such support, the possibility that the real name will be reported is "I think it is unavoidable in some cases, but people who give up because it is difficult to recover, and even if it is denied by society. Some people may want to do something wrong. "
On top of that, "I am now supported by many people. If there is an adult who accepts the boy who is trying hard to recover, I think that the boys can go out to society with hope even if the name is reported." He said that if the law were to be tightened, he would like to see a social system that supports the boys.
Introducing a new correctional education program for "specific boys"
With the reduction of the adult age and the revision of the Juvenile Law, the government has decided to introduce a new correctional education program for people aged 18 and 19 who are in the juvenile training school.
According to the Ministry of Justice, for 18-year-old and 19-year-old "specific boys" who will be stricter under the revised Juvenile Law, based on the teaching material named "Steps to Adults", instructors in charge as well as boys While exchanging opinions, we will hold classes to learn awareness and responsibilities as adults.
It means learning the victim's point of view and compensation for damage, and making them think deeply about the sins they have committed.
We also reviewed the content of vocational training to make it easier to get a job after leaving the juvenile training school for recovery.
In response to the demand for computer skills in many workplaces, ICT technology courses have been newly established.
Classes to learn programming can be incorporated while using electronic blocks and tablets.
In addition, there will be courses to learn while practicing from product planning to sales.
Kiyoko Nishioka, Chief of the Correctional Division of the Ministry of Justice, said, "Looking back on the misconduct I did, being aware of my responsibilities, and providing various education to find a place in society are the two wheels of a boy's treatment. We need to review and enhance it. "
Expert "Recovery and punishment Balanced operation"
Regarding the revised Juvenile Law, Kenji Hirose, a former judge and a former professor at Rikkyo University who is familiar with the Juvenile Law, said, "How to punish the Juvenile Law based on the aspects of how to recover the boy and the thoughts of the victims. There are both aspects, and the balance is well-balanced. "
On that basis, "it is necessary to carefully assess the actual situation of the crime, properly determine whether strict punishment is necessary, and explain the results and process to the victim more carefully. The balance between recovery and punishment is maintained. I'd like to expect a drooping operation. "
In addition, Taku Kanaya, a lawyer who is familiar with juvenile cases and children's rights, said, "I can't get a job because my real name was reported. It is necessary to pay close attention to how much harmful effects will occur, such as whether the number of boys will increase. "
In addition, "In order to verify whether there is any contradiction with the purpose of the law and the feelings of the people, it is necessary to widely share information on the prosecution and judgment of specific boys and the situation of recovery and recidivism." I'm pointing out.