Japanese   click here

【 To our readers 】

The state of emergency throughout Japan was lifted on 25 May 2020 but provided only short relief. The number of COVID-19 infected persons has been increasing again. It is at least some consolation that the number and the percentages of deaths and severely ill patients have not increased rapidly when compared with those of the USA, Europe and some other countries or regions.

Under these circumstances, the United Nations Office on Drugs and Crime (UNODC) and the Government of Japan announced on 31 July 2020 the dates of the rescheduled the Fourteenth United Nations Congress on Crime Prevention and Criminal Justice (Kyoto Congress):

Kyoto Congress Youth Forum: 27 (Saturday) to 28 (Sunday) February 2020 (2 days)

Kyoto Congress: 7 (Sunday) to 12 (Friday) March 2020 (6 days)

Venue: Kyoto International Conference Center

(MOJ Japan) http://www.moj.go.jp/KYOTOCONGRESS2020/en/

(UNODC) https://www.unodc.org/congress/

The Minister of Justice of Japan commented that ministry would like to make full use of online conference systems to demonstrate a new model for international conferences in the age of COVID-19, which will encourage organizers of the Congress to develop new ideas and strategies in various manners.

Information on the Kyoto Congress can also be found on the ACPF website: https://www.acpf.org/english

When it comes to the Congress, we should not forget the late SHIKITA Minoru, former chairperson of the ACPF. It is well-known that Mr. Shikita made great contributions by dedicating himself to international cooperation activities for the development of crime prevention and criminal justice throughout the world. He devoted many years of his 40-year career as a public prosecutor to international cooperation; he worked at the UN Headquarters in New York and the UN Office in Vienna; and he established the ACPF. In the end, he participated in the UN Crime Congress nine consecutive times, and when arguments that the Congress was unnecessary were raised in the 1990s, he strongly objected by asserting the importance of the UN Congress, specifically for countries in Asia. Mr. Shikita pointed out that Asia, due to its historical background and the diversity of legal systems and languages, had no forum like in Europe and the Americas that would make it possible for member states to get together to discuss issues. In the end, the Congress was not abolished, and it will be held again in 2021. This is Mr. Shikita’s invaluable achievement.

Please see ACPF Magazine No. 60 for detailed information.（https://www.acpf.org/wp-content/uploads/2018/01/acpf60.pdf）

The third anniversary of Mr. Shikita’s death was 12 September. The reason why we chose 12 September as the publication date is to recall Mr. Shikita’s achievements and reflect on his legacy. When Mr. Shikita faced difficulties, he passionately addressed them with wisdom and ingenuity, and overcame them. During the COVID-19 pandemic, how should the ACPF address international conferences and international cooperation activities? Mr. Shikita is surely watching over us with his warmhearted smile and his disciplined attitude, which he always displayed when facing difficulty.

The ACPF Mail Magazine No. 3 presents part one of a lecture titled “The Amendment of the Anti-Monopoly Act and Issues in Practice” by Mr. MAKUTA Hideo, former commissioner of Japan’s Fair Trade Commission. This issue also contains part three of former prosecutor YAMASHITA Terutoshi’s article “Is Japanese Criminal Justice in the Middle Ages?!” We hope you find these articles interesting.

For your reference, reprinting or copying the contents of this Mail Magazine does not require ACPF’s consent as long as the source is clearly stated.

 【 １．Prefatory Note 】

Prosperity without Crime and COVID-19!!

In this issue, Mr. KISHIDA Yoshifumi, executive director in charge of legal affairs at Nomura Securities Co., Ltd., has written the Prefatory Note: →Corporate Legal Services during the Spread of COVID-19

【 ２．ACPF Live & Library 】

This section provides information about recent ACPF activities, including past events and forums.

(1) “The Amendment of the Anti-Monopoly Act and Issues in Practice” (ACPF Forum No. 2)

Lecturer Mr. MAKUTA Hideo

Former Commissioner, Fair Trade Commission, Attorney at Law (Former Chief Prosecutor)

On 3 October 2019, the ACPF held its second forum. The amendment of the Anti-Monopoly Act (the “Act”) primarily aims for strictness and flexibility in the calculation of the amount of fines in cases of violation of the Act, in particular the introduction of the reduction of, and exemption from, fines in accordance with the degree of cooperation with the investigation when the enterprise voluntarily confesses the violation (leniency). The Act also partially introduced attorney-client privilege (protection of the contents of consultations with an attorney in the investigation of cartels). Nowadays, even in the system of shiho torihiki, so-called “plea bargaining”, and in the field of the Anti-Monopoly Act, law enforcement procedures have become diversified and flexible by introducing the commitment procedures and others. The Act was enacted after a two-year debate. Since there are few commentaries on the contents of the amendment, this lecture contains what the employees of corporate entities, regardless of their size and industry type, want to know.

→Contents of the Amendment of Anti-Monopoly Act and Issues in Practice (1)

(2) “Is Japanese Criminal Justice Still in the Middle Ages?!” (Sequel)

Speaker : Mr. YAMASHITA Terutoshi

This is the third part of the first ACPF Forum titled “Is Japanese Criminal Justice Still in the Middle Ages?!”, which was held in June 2019. It comments on the fact that a defendant has no right for an attorney to be present during questioning from the viewpoint of the functional balance in the criminal justice system.

→“Is Japanese Criminal Justice Still in the Middle Ages?!”(3)

【 ３．Legal Updates 】

This section introduces recent legal information which is available to the public for our readers’ reference. In this issue, commentaries on amended laws, which are increasing nowadays, are also covered.

（１）Commentaries on Amended Laws

・Relevant ordinances to be prepared for the coming into force of the Amendment of the Anti-Monopoly Act (Fair Trade Commission)

→About the Leniency Program　effective as of 25 December 2020

(Increase in the maximum fine for obstruction of investigation, and reduction of the proportion of fines)

・Amendment of the Act on Whistle Blowers Protection (Consumer Affairs Agency) Proclaimed on 12 June 2020)

→Q&A on the Amended Act (August 2020 version ( in Japanese))

→English version of the Act (Contents of Amendment of the Act)

・Revision of Age of Majority (Ministry of Justice)

→Lowering of the age of majority (from 20 to 18 years old), including the age of marriage ( in Japanese)

・Authorization of Holographic Wills (Ministry of Justice), proclaimed on 10 July 2020

→Summary of the system, procedures, Q&A ( in Japanese)

（２）Measures against COVID-19

★ The Cabinet Office

★ Ministry of Economy, Trade and Industry

★ Ministry of Justice

★ Ministry of Foreign Affairs

★ Ministry of Social Welfare and Labor

【 ４．From the Secretariat & Branches 】

This corner provides information from ACPF branches and related organizations in Japan and abroad.

Issue No. 3 provides a message from the ACPF Saitama Branch.

（１）Greetings from the ACPF Saitama Branch.

(Note) Saitama Prefecture, Land of Colors. ACPF has obtained permission to use this logo.

It does not necessarily mean that the local government supports the ACPF.

The ACPF Saitama Branch, founded on 15 February 1992, is the ACPF’s second branch organization. The branch inaugurated a friendship agreement with ACPF Pakistan and has been contributing to international cooperation through continuous interaction with branch members in Kenya who are mainly volunteer probation officers.

Message from ACPF Saitama Branch・・・Click here

（２） ACPF Branches in Japan

For more detailed information, see  ACPF Website

ACPF’s overseas cooperative organizations are as follows:

【５．Column & Editorial Note】

Column No.3: Three Principles of Internatinal Cooperation

Although there are many sets of “three principles” throughout the world, I would like to introduce a principle of great importance to the late Mr. SHIKITA, former chairperson of the ACPF, to pay respect to him on the anniversary of his death (12 September). He taught us・・・

continued

If you have suggestions or concerns about the content or layout of this Mail Magazine, please send  them to info@acpf.org.

Japanese   click here

【 To our readers 】

The declaration of the state of emergency issued in Japan on 7 April 2020 was lifted in 39 prefectures on 14 May, and then it was lifted in three more prefectures in the Kansai area on 21 May, and then it was lifted in all prefectures on 25 May. However, COVID-19 has had big impacts on Japan and on other countries. Continuous caution against the second and third waves is still needed, and it will take time for citizens’ normal lives to be restored as before.

To help address these hardships, the ACPF started publishing this ACPF Mail Magazine. Some of the readers of the first issue responded as follows:

• “It is good to make efforts to identify problems and bring them to the foreground.”
• “I have an interest in Ghosn case.”
• “The article on the 99.9% conviction rate is brilliant and informative.”
• “The Column and the Editor’s note are also interesting.”
• “I felt awareness and solidarity with other ACPF members.”

I would like to express my gratitude for these encouraging responses.

The ACPF Mail Magazine No. 2 presents a lecture titled “Corporations and SHIHO-TORIHIKI” (similar to so-called “Plea Bargaining”), by Mr. ONO Kotaro, a former Prosecutor General. This issue also carries part 2 of former prosecutor YAMASHITA Terutoshi’s article “Is Japanese Criminal Justice in the Middle Ages?” We hope you find these articles interesting.

For your reference, reprinting or copying the contents of this Mail Magazine does not require ACPF’s consent as long as the source is clearly stated.

 【 １．Prefatory Note 】

Prosperity without Crime and COVID-19!!

In this issue, Vice-Chairperson Mr. SHIMAOKA Seiya has written a Prefatory Note: →After COVID-19

【 ２．ACPF Live & Library 】

This section provides information about recent ACPF activities, including past events and forums.

(1) “Corporations and SHIHO-TORIHIKI” (similar to so-called “Plea Bargaining”, from the third ACPF Forum)

Lecturer Mr. OHNO Kotaro

Former Prosecutor General, Chairperson of International Civil and Commercial Law Center (Public Interest Incorporated Foundation), and Councilor of ACPF.

On 4 February 2020, the ACPF held its third forum, which was jointly conducted with the Association of Legal Corporate Departments, the Japan Institute of Business Law, and the International Civil and Commercial Law Center. It was called the “Joint Forum of Corporations and Law”. “SHIHO-TORIHIKI”, which is the Japanese version of plea bargaining, is a new and important reality for companies doing business in Japan. Mr. Ohno described what the system is and how companies should face it, and the Q&A section which followed was lively. This lecture was given shortly after the escape abroad of Mr. Carlos Ghosn, who had been arrested and charged for various crimes, and so the lecture referred to his case too. At present, you can access the text in Japanese only, through the International Civil and Commercial Law Center Website. We hope you will read it.

→”Corporations and SHIHO-TORIHIKI” (similar to so-called “Plea Bargaining”), pp.1-23

→Handouts displayed in the forum (pp.1-27)

→Resume distributed in the forum (pp.1-2)

(2) “Is Japanese Criminal Justice Still in the Middle Ages?!” (Sequel)

Speaker : Mr. YAMASHITA Terutoshi

This is the second part of the first ACPF Forum titled “Is Japanese Criminal Justice Still in the Middle Ages?!”, which was held in June 2019. It contains comments on the propriety of criticisms of Japanese criminal justice stated by Mr. Carlos Ghosn and by foreign countries, including the claim that “hostage criminal justice” is prevailing in Japan, with long periods of pre-trial detention and the withholding of bail forcing the accused to confess. Are these claims true?

See → “Is Japanese Criminal Justice Still in the Middle Ages?!”(2)

【 ３．Legal Updates 】

This section introduces recent legal information which is available to the public or for which permission was given by the organization concerned, such as ShojiHomu (Commercial Law Center, Inc.). Zaitaku Shojihomu, referred to below, has a special link giving a variety of useful information on the COVID-19 pandemic.

（１）Practices to address COVID-19

・Policies on Social Welfare & Labor→Q&A about addressing COVID-19

・ General/detailed information→Zaitaku Shojihomu (in Japanese only).

(Note: Renewal of information in Zaitaku shoujihomu will cease as of the end of June.)

（２）Renewal of other information on addressing COVID-19 in the Ministry of Justice, the National Police Agency, and the Prime Minister’s Office

・Ministry of Justice→MOJ Information

・National Police Agency→NPA Information

・Prime Minister’s Office→PMO Information

（３）Important laws and ordinances enacted and promulgated during the present session of the Diet

・Amendment of Act on Protection of Individual Information

→An Outline of the Amendment (in Japanese only)

→A Comparative Table of the prior and amended articles (in Japanese only)

Amendment based upon reviewing procedure every three years as stipulated in article 10 of the supplementary provision

Reinforcement of individual information right, Reinforcement of duties of business operator (obligation to report in case of leakage, prohibition of inappropriate usage), creation of Japanese syllabary processing system, strengthening of penalty, enforcement of control against extraterritorially applied and boarder transgressing data, etc.

・Punishment by typification of so-called tail gating driving

→Bill Outline of the Amendment of “Act on Punishment of Acts Inflicting Death or Injury by Driving a Motor Vehicle, etc. ”(in Japanese only)

→A Comparative Table of the prior and amended article  (in Japanese only)

・Amendment of Whistle Blower Protection Act

→An Outline of the System　（in Japanese only）

Material of Customer Affairs Agency

→An Outline of the System and An Outline of the Amendment

・Amendment of Copyright Act

→An Outline of the Amendment ( in Japanese only )

Outline of Regulations

→ Outline of Reguiaitions  (in Japanese only )

【 ４．From the Secretariat & Branches 】

This corner provides information from ACPF branches and related organizations in Japan and abroad.

Issue No.2 also provides a message from the ACPF Nagoya Branch.

（１）Greetings from the ACPF Nagoya Branch.

The ACPF Nagoya Branch is the first branch in Japan, established on 29 January 1992.

It has inaugurated a friendship agreement with the Philippine ACPF and it has been contributing to international cooperation in Japan and abroad for a long time.

For face-to-face greetings from the ACPF Nagoya Branch, please click here.

→Memorandum of Agreement with the Philippine side (revised in 2017)

（２） ACPF Branches in Japan

For more detailed information, see  ACPF Website

ACPF’s overseas cooperative organizations are as follows:

【５．Column & Editorial Note】

Column No.2:  Meeting & Greeting Patterns among People in Different Ages

It used to be that interaction among people was within the frame of mutual face-to-face relationships. New Year greetings were also done by making courtesy call visits to other people’s homes. But that style was replaced by New Year Greeting Cards, which were said to be widely used・・・continued

If you have suggestions or concerns about the content or layout of this Mail Magazine, please send to info@acpf.org.

Japanese　click here

The UNODC and the Government of Japan decided and announced the new schedule of the Fourteenth UN Congress on Crime Prevention and Criminal Justice. (KYOTO Crime Congress).

KYOTO Crime Congress

7 to 12 March 2021 (Six days)

Venue: Kyoto International Conference Center

Youth Forum for KYOTO Crime Congress

27 and 28 February 2021 (Two days)

Venue: Kyoto International Conference Center

UNODC URL: https://www.unodc.org/congress/

MOJ Japan URL: http://www.moj.go.jp/KYOTOCONGRESS2020/en

The Minister of Justice of Japan commented “We would like to show a new model of International Conference in this era of “Post COVID-19” or “With COVID-19” through the use of online-meetings, virtual platforms, etc.

Japanese　click here

To our readers,

The COVID-19 pandemic is precipitating huge changes in the behavior of both society at large and individuals. The same applies to the Asia Crime Prevention Foundation (ACPF).

The ACPF has refrained from engaging in international interactions through conferences, meetings and seminars in order to avoid the spread of infection of COVID-19. Instead of real-life interactions, the ACPF has started a new initiative providing a variety of information through emails compiled into what we call the “ACPF Mail Magazine”.

As you may know, there is an Indonesian saying “Jauh di mata, dekat di hati”, which means “Our hearts are close even if we are far away from one other.” (A literal translation is, “Out of sight but close in heart”.) Many Indonesians also sing a Japanese song “Kokoro no Tomo” surprisingly in Japanese, meaning “A Soul Mate” which is very similar to this saying. The concept of the saying is the ideal we aspire to, but the ACPF would also like to keep in touch with you through this Mail Magazine.

For your reference, reprinting or copying of the contents of this Mail Magazine does not require ACPF’s consent as long as the source is clearly stated.

【１．Prefatory Note 】

Prosperity without Crime and COVID-19!!

The Chairperson Mr. KITADA Mikinao has written this Prefatory Note to commemorate the first issue of the ACPF Mail Magazine.

→Prefatory Note by Chairperson Mr. KITADA

【２．ACPF Live & Library 】

This section provides information on ACPF activities such as on the contents of past events and forums. This issue introduces the first ACPF Forum entitled, “Is Japanese Criminal Justice Still in the Middle Ages?!” presented by Mr. YAMASHITA Terutoshi, Vice-Chairperson and Secretary General of the ACPF, which was held on June 4, 2019.

As you may be aware, the Japanese prosecution faced a great deal of criticism after Mr. Carlos Ghosn was arrested, detained and prosecuted. In response to these critics, this presentation explained the criminal justice system of Japan by comparing it with the legal systems and practices of various countries using relevant statistics.

→“Is the Japanese Criminal Justice System Still in the Middle Ages?!”(Secretary General Mr. YAMASHITA)

【３．Legal Updates 】

This section introduces recent legal information which is available to the public or for which permission was given by the organization concerned such as ShojiHomu (Commercial Law Center, Inc. Zaitaku Shojihomu referred to below has a special link giving a variety of useful information such as on the COVID-19 pandemic).

(1) The changing practices of the General Meeting of Shareholders and disclosure of company information due to the COVID-19 pandemic

①General Meeting of Shareholders

・The record date of shareholders with voting rights does not necessarily have to be at the end of the company’s fiscal year.

・The annual meeting of shareholders for companies whose fiscal year ended in March may be held in July, or alternatively, separately held on two occasions.

・The general meeting of shareholders cannot be held virtually by way of merely being held online but may be a real meeting with some attendance online.

・Measures such as restrictions on entering the venue and shortening the time of the general meeting may be adopted to reduce the possibility of being infected with COVID-19.

→MOJ Information on General Meetings of Shareholders

（NOTE: Only the Japanese version is available on the URL link.）

②Annual Securities Report and Timely Disclosure

・Due to the COVID-19 pandemic, the deadline for submitting the Annual Securities Report has been postponed until the end of September.

・Timely disclosure may also be postponed but any impact on business must be disclosed as soon as possible.

→　Postponement of submitting the Annual Securities Report permitted by the Financial Service Agency

→　Tokyo Stock Exchange related

See the information in its entirety or details on the URL link→　Zaitaku shojihomu

（NOTE: English version is available in some sections on both URL links.）

（２）Other relevant information from the MOJ and National Police Agency

・Ministry of Justice → MOJ Information

・National Police Agency → NPA Information

・Prime Minister’s Office → PMO Information

（NOTE: English version is available in some sections on the URL link.）

【４．From the Secretariat and/or Branches 】

This part provides information on the ACPF branches in Japan and/or cooperating organizations in other countries. This first issue provides general information about the ACPF Headquarters.

（１）Messages from the ACPF Headquarters Secretariat

The secretariat is composed of the Secretary General, General Affairs Bureau, Accounting Bureau and Programme Management Bureau.

Here are the staff members’ self-introductions rendering them more visible to our readers →Messages　

（２）What is the ACPF?

　For Details →ACPF Website

The ACPF was founded in 1982. The first honorary president was DOKO Toshio, former Chairperson of the Japan Business Federation. The current President is HIWATARI Toshiaki, former Prosecutor General of Japan. The current Chairperson is KITADA Mikinao, former Superintending Prosecutor. The ACPF provides support for the activities of the United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) and helps to enhance international cooperation. Internationally, the ACPF was recognized as a “United Nations NGO” with Consultative Status to the UN, and was later raised to the highest level of General Consultative Status in 2000. The ACPF has 12 branches in Japan and 17 cooperating organizations in other countries.

（３）The Three Pillars of the Activities

a)　Supporting UNAFEI’s training courses and seminars

b)　Holding lectures and seminars

c)　Implementing activities to learn about the reality of the criminal justice system in Japan and other countries

＊The ACPF made a lot of preparations for the 14th Congress of the United Nations Crime Prevention and Criminal Justice (Crime Congress) which was due to be held in Kyoto in April 2020. However, the Crime Congress was postponed. A new date has not yet been decided.

（４）Organization and Executive Members

The Council is composed of eminent experts, mainly former executives of the Ministry of Justice, Prosecutors Offices and the Police. The Board of Directors is responsible for making basic policies and performing duties. None of the members receive are paid for their services meaning they are volunteers. The ACPF conducts activities with the slogan “Prosperity without Crime” with 12 branches in Japan and 17 cooperating organizations in other countries.

【５． Column & Editorial Note 】

Column No.1:  A point whether a rule works

The Japanese Government addressed the COVID-19 pandemic by way of merely requesting citizens to practice self-restraint and to refrain from engaging in economic activities and other activities.

This contrasts with the approach taken by other countries which adopted cohesive measures with sanctions. Japanese citizens tend to follow the recommendations of the authorities・・・continued

Your comments on anything such as contents, volume, form, etc. are greatly welcome.

Please send your opinions to info@acpf.org